94 P.2d 139 (1939)
Respondents were two corporations. Corporation # 2, the promisor, bought the assets of corporation # 1, the original debtor. The court's previous decision favored the creditor. Upon review of the corporations' petitions for rehearing, the court affirmed.
- The court rejected the corporations' attack upon its factual conclusion that their corporate stock was largely held by the same individuals; the corporations admitted as much in their rehearing briefs.
- The record supported the court's construing the parties' contract by ascertaining their intent from their business relationship.
- The record also showed that corporation #2 made a profit when it assumed corporation # 1's assets and liabilities, even though the record did not disclose the actual value of those assets.
- On a third-party beneficiary theory, the creditor was entitled to a remedy against both corporations, rather than electing which one to proceed against, and was entitled to a judgment against both; however, the creditor was entitled to only one complete satisfaction.
- The court rejected the corporations' argument that the creditor should have sued on a theory of implied novation or on a theory of suretyship.
The corporations' petition for a rehearing was denied.
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