Aluminum Cooking Utensil Co. v. Rohe
North Dakota Supreme Court
Appeal from judgment of dismissal in District Court, Ward County, Leighton, J'. “The vital difference between the contract of a surety and that of a guarantor is that a surety is charged as an original promisor while the engagement of the guarantor is a collateral undertaking.” 12 R. C. L. 1057; Saint v. Wheeler, 36 Am.
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Appeal from judgment of dismissal in District Court, Ward County, Leighton, J'. “The vital difference between the contract of a surety and that of a guarantor is that a surety is charged as an original promisor while the engagement of the guarantor is a collateral undertaking.” 12 R. C. L. 1057; Saint v. Wheeler, 36 Am. St. Rep. 210; 32 Cyc. 20. The contract of the surety is the joint and several contract of the principal and surety, while the contract of the guarantor is his own separate undertaking in which the principal does not join. Saint v. Wheeler (Ala.) 35 Am. St. Rep. 213. “A…
1Opinion of the CourtBronson, J.
This is an action on a letter of credit. Erom a judgment of dismissal entered upon the grounds that the complaint failed to state a cause of action, the plaintiff has appealed. On June. 23, 1914, the defendant executed the following letter:
To the Aluminum Cooking Utensil Co.,
East St. Louis, 111.
Kenmare, N. D., June 23, 1914.
Gentlemen:—
In consideration of your taking into or continuing in, your employ *435Ivin E. Harris, Kenmare, Ward Co., No. Dak., to be employed from time to time in such portions of the United States as you shall deem proper, I hereby agree to pay you forthwith for all goods…
2Cases cited4 opinions
- French v. State Farmers' Mutual Hail InsuranceNorth Dakota Supreme Court · 1915
- Webb v. WegleyNorth Dakota Supreme Court · 1910
- Martin v. Luger Furniture Co.North Dakota Supreme Court · 1898
- Hollister v. BuchananSouth Dakota Supreme Court · 1898
3Cited by3 opinions
- State Bank of Burleigh County v. PorterNorth Dakota Supreme Court · 1969
- Rheault v. Tennefos Construction CompanyNorth Dakota Supreme Court · 1971
- Rogers Lumber Co. v. ClarkNorth Dakota Supreme Court · 1925