Davis Sewing MacHine Co. v. Richards
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was an action, brought in tfyd Supreme Court of the District of Columbia, upon a guaranty' of thq performance by one John W. Poler of a contract under seal, dated December 17, 1872, between him and the plaintiff corporation, by which it was agreed that all sales of sewing machines which the corporation 'should make to him should be upon certain terms and conditions, the principal of which were that Poler should…
Read the full summary
IN ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was an action, brought in tfyd Supreme Court of the District of Columbia, upon a guaranty' of thq performance by one John W. Poler of a contract under seal, dated December 17, 1872, between him and the plaintiff corporation, by which it was agreed that all sales of sewing machines which the corporation 'should make to him should be upon certain terms and conditions, the principal of which were that Poler should use all reasonable efforts to introduce, supply and sell the machines of the corporation, at not. less, than its regular…
1Opinion of the CourtJustice Gray
After, stating the facts in the language above reported^ he continued:
The decision, of this case depends , upon the application of the rules of law stated in the opinion in the recent case of Davis v. Wells, 104 U. S. 159, in which the earlier decisions of this court upon the subject are reviewed.
Those rules may be summed up as follows: A contract of guaranty, like every other contract, can only be made by the mutual assent of the parties. If the guaranty is signed by the guarantor at the request of the other party, or if the latter’s agreement to accept is contemporaneous with the guaranty,…
2Cases cited1 opinion
- Davis v. WellsSupreme Court of the United States · 1881
3Cited by82 opinions
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
- Hibernia Bank & Trust Co. v. Succession of CancienneSupreme Court of Louisiana · 1917
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- United States Ex Rel. Wilhelm v. ChainSupreme Court of the United States · 1937
- Lennox v. MurphyMassachusetts Supreme Judicial Court · 1898
77 more not listed; retrieve them via the Exa API.