W. T. Rawleigh Co. v. Van Duyn
Idaho Supreme Court
APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action on contract. Judgment for plaintiff. A contract of guaranty tendered for acceptance is merely an offer to guarantee which requires acceptance and notice of acceptance in order to make a complete contract. (Kincheloe v. Holmes, 7 B. Mon. (Ky.) 5, 45 Am. Dec. 41; German Sav. Bank v. Drake etc. Co., 112 Iowa, 184, 84 Am.
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APPEAL from tbe District Court of tbe Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action on contract. Judgment for plaintiff. A contract of guaranty tendered for acceptance is merely an offer to guarantee which requires acceptance and notice of acceptance in order to make a complete contract. (Kincheloe v. Holmes, 7 B. Mon. (Ky.) 5, 45 Am. Dec. 41; German Sav. Bank v. Drake etc. Co., 112 Iowa, 184, 84 Am. St. 335, 83 N. "W. 960, 51 L. R. A. 758; Dams v. Wells, Fargo & Co., 104 U. S. 159, 26 L. ed. 686; Davis Sewing Machine Co. v. Richards, 114 U. S. 524, 29 L.…
1Opinion of the CourtRice, J.
The parties to this action entered into the following written'contract:
“Whereas, E. M. Yan Duyn, of Eagle, Idaho, desires to purchase of the W. T. Rawleigh Medical Company, of Free-port, Illinois, on credit and at wholesale prices, to sell again on his own account to consumers, medicines, extracts, spices, soaps, toilet articles, perfumes, stock and poultry preparations, and other products furnished by it, paying his account for such goods in installments as hereafter provided.
“Therefore, he hereby agrees to sell no other products than those sold him by said company, and to have no other…
Also in this document: Concurrence.
2Cases cited9 opinions
- Oakland Sugar Mill Co. v. Fred W. Wolf Co.Court of Appeals for the Sixth Circuit · 1902
- Toledo Computing Scale Co. v. YoungIdaho Supreme Court · 1909
- Belle City Manufacturing Co. v. FrizzellIdaho Supreme Court · 1905
- W. T. Rawleigh Medical Co. v. HolcombSupreme Court of Arkansas · 1917
- W. T. Rawleigh Medical Co. v. LaursenNorth Dakota Supreme Court · 1913
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3Cited by9 opinions
- Johnson v. Allied Stores Corp.Idaho Supreme Court · 1984
- Hartley v. BohrerIdaho Supreme Court · 1932
- Furst & Thomas v. SandlinSupreme Court of Alabama · 1922
- Applebaum v. StantonIdaho Supreme Court · 1929
- Roddy v. StateIdaho Supreme Court · 1943
4 more not listed; retrieve them via the Exa API.