Durand & Kasper Co. v. Rockwell

Robinsost, J. —

Suit on a bond executed by Rockwell, as principal, and appellees Rudolph and Raasch as sureties. Judgment in appellees’ favor. The grounds of the motion for a new trial were that the finding and judgment were contrary to the evidence and the law. Overruling this motion is the only error assigned.

In 1890, appellee Rockwell entered into a contract with TT. C. & 0. Durand. By the terms of the contract it was provided that the firm engaged Rockwell to sell goods. Rockwell was to pay his own expenses and receive in lieu of all other compensation forty-five per cent, of the profits…