Fain Grocery Co. v. Early & Daniels Co.
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at tbe February Term, 1921, of CHEROKEE. Plaintiff claimed that J. S. Bateman & Company, of Cincinnati, Ohio, owed it. Plaintiff was holding Bateman & Company’s hay, at Murphy, N. 0. Bateman called iffaintiff over the telephone, and plaintiff agreed to release the hay if Bateman would get Early & Daniels Company to guarantee the claim.
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Appeal by plaintiff from Long, J., at tbe February Term, 1921, of CHEROKEE. Plaintiff claimed that J. S. Bateman & Company, of Cincinnati, Ohio, owed it. Plaintiff was holding Bateman & Company’s hay, at Murphy, N. 0. Bateman called iffaintiff over the telephone, and plaintiff agreed to release the hay if Bateman would get Early & Daniels Company to guarantee the claim. Bateman then went to Early & Daniels Company, told them Fain did not want to pay Bateman’s drafts because of some shortage claims which existed, and asked them to wire Fain of his standing. Early and Daniels Company then sent…
1Opinion of the CourtWalKEE, J.
We concur with bis Honor, Judge Long, tbat there was no guaranty, which is a contract, or promise, to answer for tbe debt, default, or miscarriage of another, who is himself liable, in tbe first instance, for tbe same. Carpenter v. Wall, 20 N. C. (144), 279. It is in tbe nature of an undertaking tbat tbe thing promised by the principal shall be done and not merely an engagement jointly with tbe principal to do tbe thing. Coleman v. Fuller, 105 N. C., 328. Tbe plaintiff might well have known from tbe face of tbe telegram tbat there was no promise by Early & Daniels Company to pay tbe debt…
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