W. W. Kimball Co. v. Baker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action upon a bond executed by Shadboldt & Burbank, as principals, and the respondents, Balter and Fridstein, as sureties, to the plaintiff, in the penal sum of $1,000, reciting, in effect, that Shadboldt & Burbank had been appointed the agents of the plaintiff at Marinette “for the purpose of selling for and remitting the proceeds of such…
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APPEAL from the Circuit Court for Marinette County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action upon a bond executed by Shadboldt & Burbank, as principals, and the respondents, Balter and Fridstein, as sureties, to the plaintiff, in the penal sum of $1,000, reciting, in effect, that Shadboldt & Burbank had been appointed the agents of the plaintiff at Marinette “for the purpose of selling for and remitting the proceeds of such sales, all goods consigned to such agents, as per the terms of the within contract;” and conditioned that “if such…
1Opinion of the CourtCassoday, J.
The contract and bond were parts of the same transaction, and must be construed together as one instrument. Gillmann v. Henry, 53 Wis. 468. By the acceptance of the contract and bond the plaintiff took upon itself every duty and obligation implied in either. Construing the two instruments together, we think the plaintiff, by accepting the contract, and as obligee in the bond, impliedly agreed with the sureties that it would at no time fill orders to an amount exceeding the $600 before returns were made. So construed, that clause would seem to have been put in the contract for the protection…
2Cases cited12 opinions
- Bragg v. ShainCalifornia Supreme Court · 1874
- Finney v. CondonIllinois Supreme Court · 1877
- Ryan v. Trustees of ShawneetownIllinois Supreme Court · 1852
- Grant v. . SmithNew York Court of Appeals · 1871
- Myers v. First National BankIllinois Supreme Court · 1875
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3Cited by13 opinions
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