Legal Opinion

Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a Corporation

Court of Appeals for the Ninth Circuit

Decided February 5, 1958No. 15238PublishedCited by 6 opinions

1Opinion of the Court

JAMES ALGER FEE, Circuit Judge.

In an action on a written contract for sale and purchase of machinery, the trial eourt held that the sole signatory thereto as buyer was a surety, who was released because the court found that another, unnamed in the instrument, was principal and that time had been extended to the latter without the consent of the surety. The first question is whether the signer bound itself personally by contract as purchaser. The answer depends upon the legal interpretation of a writing under the law of the State of Washington.

Western Machinery Company, through J. Stanley…

2Cases cited31 opinions

  1. Ford v. WilliamsSupreme Court of the United States · 1858
  2. Simmons v. California Institute of TechnologyCalifornia Supreme Court · 1949
  3. Knox v. First Security Bank of UtahCourt of Appeals for the First Circuit · 1952
  4. Moers v. . MoersNew York Court of Appeals · 1920
  5. Zell v. American Seating Co.Court of Appeals for the Second Circuit · 1943

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3Cited by6 opinions

  1. Utility Contractors, Inc. v. United StatesUnited States Court of Claims · 1985
  2. Baggett Transportation Company v. The United StatesUnited States Court of Claims · 1963
  3. Fay Corp. v. Bat Holdings I, Inc.District Court, W.D. Washington · 1986
  4. Anderson v. GardnerUtah Supreme Court · 1982
  5. Baggett Transportation Co. v. United StatesUnited States Court of Claims · 1963

1 more not listed; retrieve them via the Exa API.

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