Kaplan v. Goldman

Plaintiff sold his stock of automobile accessories to defendant on a written agreement which contained the following stipulation:

“Second party (defendant) assumes and agrees to pay Pennsylvania Tire Company’s account not to exceed $1,000.”

At the time of the sale plaintiff appears to have been indebted to the Pennsylvania Tire Company for merchandise, in the sum of nine hundred and six ($906) dollars, for which two trade acceptances had been given by him. When the trade acceptances became due they were not paid by defendant in accordance with the agreement. In consequence of this the…