Phœnix Manufacturing Co. v. Bogardus

This was an action of assumpsit brought by appellee, against appellant, as guarantor of certain notes executed by Niels C. Nielson, of Pellston, Michigan,, payable to appellee.

On the 10th of October, 1901, appellee made a proposition, in writing, to sell Niels C. Nielson certain mill machínery' for $2620, part of it f. o. b. cars Indianapolis, Indiana, part of it f. o. b. cars Chicago, Illinois, and part of it f. o. b. cars Eau Claire, Wisconsin, to be paid for in three equal installments, in twelve, eighteen and twenty-four months from the date of shipment, Nielson to execute notes for said…