Davis Sewing Machine Co. v. McGinnis
Supreme Court of Iowa
Appeal from Jasper District Court. Action on a written contract, the material portions of which are as follows: “ It is agreed that all sales of sewing machines, parts thereof or accessories thereto, which the Davis Sewing Machine Company, of Watertown, New York, parties of the first part, shall make to John W. McGinnis, of Greencastle, Jasper county, Iowa, parties of the second part, shall be upon the terms and conditions following, unless it shall be otherwise, in writing,…
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Appeal from Jasper District Court. Action on a written contract, the material portions of which are as follows: “ It is agreed that all sales of sewing machines, parts thereof or accessories thereto, which the Davis Sewing Machine Company, of Watertown, New York, parties of the first part, shall make to John W. McGinnis, of Greencastle, Jasper county, Iowa, parties of the second part, shall be upon the terms and conditions following, unless it shall be otherwise, in writing, hereinafter agreed during the continuance of this contract: * * * * -» -X * * “ Third. Said Davis Sewing Machine…
1Opinion of the CourtSeevebs, J.
i. contract: vendee:ademand. I. It is insisted there can be no recovery against the guarantors on the contract, because, under its terms, any and all indebtedness was payable in notes guaranteed by McGinnis, and that no demand for the notes has been shown. In this view we cannot concur.
The third clause of the' contract fixes the time when the machines are to be paid for, and if the contract stopped there evidently the meaning would be that the indebtedness should be paid in four months in cash. In other words, there was to be a credit of four months. It is then provided that if cash is paid…
2Cases cited1 opinion
- First National Bank v. SmithSupreme Court of Iowa · 1868
3Cited by4 opinions
- Andrew v. AustinSupreme Court of Iowa · 1930
- Smith v. Steele Motor Co.Idaho Supreme Court · 1933
- Orr v. LeathersIndiana Court of Appeals · 1901
- Thornton v. Ankeny State BankCourt of Appeals of Iowa · 1990