denburg on a written instrument. The plaintiff recovered judgment against Brandenburg in the trial court. As the construction of this writing is involved, it is necessary to set it forth in full in this opinion: “This agreement, made and entered into this 29th day of October, A. D. 1887, by and between George Brandenburg, of Wheatland, party of the first part, and Mabel E. Hall, of Casselton, D. T., party of the second part, witnesseth, that whereas, the said party of the first part has agreed to guaranty the grocery bill of said second party, contracted for use on the premises hereinafter described, at any place said second party may select to trade, not exceeding the sum of two hundred ($200) dollars in any one season during the continuance in force of a certain agreement dated this day for the purchase of section twenty-two (22) in township one handred and forty (140) north, and range fifty-three (53) west, the said bill not to exceed one hundred dollars ($100) between April 1st and August Ist, and one hundred dollars from August 1st to the completion of the harvest; and said first party has agreed that he will assist said second party to pay the labor bill in seeding and harvesting the crop on said land aforesaid, with the exception of the labor of said Mabel E. Hall and George R. Hall, her husband: Now therefore, in consideration of the premises, said Mabel E. Hall hereby agrees to pay to said first party all the sums which he pays on said guaranty and advances in pursuance of this agreement, with interest thereon at twelve per cent. from date of such payment by him, Witness my hand and seal, this 29th day of October, A. D. 1887. Mabel E. Hall. [Seal.] George R. Hall. [Seal.] Geo. Brandenburg. [Seal.]”
We fail to see how plaintiff can maintain any action on this agreement. He is not a party to it; neither does it appear to be made for his benefit. It is not a letter of credit. It comes within no definition of such a letter as such letters are defined in the cases or in our statute. See §§ 4312-4316, Comp. Laws; 13 Amer. & Eng. Enc. Law, 237, 238. There is nothing upon its face to indicate that Mrs. Hall was to take this instrument to any person for the purpose of securing credit on the strength thereof. If there was any ambiguity in the contract
