Musgrove v. Luther Publishing Co.
Court of Appeals of Georgia
Action on guaranty, from city court of Miller county — Judge Calhoun presiding. February 27, 1908. The D. E. Luther Publishing Company appointed Musgrove its-agent, and entered into a contract agreeing to furnish him “all books and bibles necessary for conducting the book business on what is known as the note plan, at fifty per cent, discount from schedule note prices;” the agent agreeing to pay for the books- and to devote his time exclusively.to selling them.
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Action on guaranty, from city court of Miller county — Judge Calhoun presiding. February 27, 1908. The D. E. Luther Publishing Company appointed Musgrove its-agent, and entered into a contract agreeing to furnish him “all books and bibles necessary for conducting the book business on what is known as the note plan, at fifty per cent, discount from schedule note prices;” the agent agreeing to pay for the books- and to devote his time exclusively.to selling them. This contract was signed only by Musgrove and the president of the publishing-company. Several days later James Cheshire and J. S.…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The controlling question in the case arises upon the construction of the contract signed by Cheshire and Bush. If this is a contract of guaranty, the demurrer on the ground of misjoinder *281■of parties should have been sustained, because a guarantor and his principal are not joint promisors such as may be sued in the same, action. Manry v. Waxelbaum Co., 108 Ga. 14, 17 (33 S. E. 701); Sims v. Clark, 91 Ga. 302 (18 S. E. 158); Reed v. Cutts, 7 Greenleaf (Me.), 186 (22 Am. D. 184). It is often difficult to tell whether a particular contract is one of guaranty or…
2Cases cited14 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
- Hargroves v. CookeSupreme Court of Georgia · 1854
- Small Co. v. ClaxtonCourt of Appeals of Georgia · 1907
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3Cited by27 opinions
- Sheffield v. WhitfieldCourt of Appeals of Georgia · 1909
- Baggs v. FunderburkeCourt of Appeals of Georgia · 1912
- McKibben v. Fourth National BankCourt of Appeals of Georgia · 1924
- Williams Valve Co. v. AmorousCourt of Appeals of Georgia · 1917
- Griswold v. WhetsellCourt of Appeals of Georgia · 1981
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