Kirby v. Studebaker

Ilenry Studebaher, of St. Joseph, had a strawberry patch. H P. c& 0. Dillon, keepers of a saloon, before the strawberries were ripe, entered into a written agreement with Studebaher, by which they purchased all the berries that should ripen in the patch; agreeing to pay therefor, on delivery at their place of business, at the rate of $3.75 a bushel, during the season. Kirby, the appellant, added to the agreement this clause:

“ On the part of the said Dillons, I hold myself, with them, responsible for their part of the above contract.

“ John F. Kirby P

The berries were delivered to the Dillons,…