16. The contract of suretyship may be en tered into absolutely and without conditions, or its formation may be made to depend on certain conditions precedent. But there are some conditions implied in every contract of this kind, hoivever absolute on its face. In the case of bonds, as in other contracts of suretyship, it is essential that there should be a principal, and a bond executed by the surety is not valid until executed by the prin cipal also. One case, 10 Coke, 100 b, some times cited to the contrary, isnot clear to the point. The argument that the surety is bound by his recital under seal fails, especially in all statute bonds, where one important requi site of the statute, that the bond should be executed by the principal, fails. 17 Mass. 591; 2 Pick. Mass. 24 ; 4 Beav. Ch. 383; 11 id. 265 ; 14 Cal. 421.
Where the surety's undertaking is condi tional on others joining, he is not liable until they do so, 4 Barnew. & Ad. 440; 4 Cranch, 219: contra, if the obligee is ignorant of the condition. 2 Metc. Ky. 608. So the surety is not bound if the signatures of his co-sureties are forged, although he has not made his sig nature expressly conditional on theirs. 2 Am.
Law Reg. 349.
17. The acceptance of the contract by the promisee by words or by acts under it is often. made a condition precedent to the attaching of the liability of the surety. The general rule is that where a future guaranty is given, absolute and definite in amount, no notice of acceptance is necessary; but if it is con tingent and indefinite in amount, notice must be given. 4 Me. 521 ; 1 Mae. C. C. 324, 371; 8 Conn. 438; 16 Johns. N. Y. 67 ; 5 All. Mass. 47 ; but the promisee has a reasonable time to give such notice. 8 Gray, Mass. 211. And see, on this last point, 21 Ala. N. s. 721.
A distinction is to be made between a gua ranty and an offer to guaranty. No notice of acceptance is iequisite when a guaranty is absolute, 3 N. Y. 212: 2 Mich. 511; but an offer to guaranty must have notice of accept ance. Burge, Suretyship ; 32 Penn. St. 10. And where acceptance is required, it may be as well implied by acts as by words ; as, by receiving the written guaranty from the pro misor, 8 Gray, MGM. 211; or by actual know ledge of the amount of sales under a guaranty of the purchase-money. 28 Vt. 160.