Harnischfeger Corporation v. Hoosier Mortgage Service, Inc

SWAIM, Circuit Judge.

This appeal presents two issues. (1) Whether the defendant, Hoosier Mortgage Service, Inc., was bound by the execution, by Fred I. Hueber, the manager of its Fort Wayne branch office, of certain “Bank Letters of Credit” by which defendant promised the plaintiff that defendant would pay for certain prefabricated houses and material within thirty days after their delivery to Ottawa Builders, Inc., to which corporation plaintiff was selling said houses and material. (2) Whether defendant’s promises to make such payments were ultra vires.

The complaint alleged that during the…