Shores-Mueller Co. v. Lonning
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. Chas. E. Albrook, Judge. This is an action upon a contract, purporting to have been executed by the appellee defendants, in 'which they guaranteed the performance .of a contract made between plaintiff and defendant Lonning, by which he (Lonning) purchased from and agreed to sell for the plaintiffs certain medicines, extracts, spices, stock foods, etc.
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Appeal from Webster District Court. — Hon. Chas. E. Albrook, Judge. This is an action upon a contract, purporting to have been executed by the appellee defendants, in 'which they guaranteed the performance .of a contract made between plaintiff and defendant Lonning, by which he (Lonning) purchased from and agreed to sell for the plaintiffs certain medicines, extracts, spices, stock foods, etc. Lonning, although made a party to the action, was not served with notice, and the case went to trial on issues joined between plaintiff and the guarantors, resulting in a verdict and judgment for the…
1Opinion of the CourtDeemer, J.
The making of the contract between plaintiff and defendant Lonning for the purchase and sale of certain medicines, extracts, spices, stock foods, and other articles is admitted, and it is also admitted that defendant’s signatures to what purports to be an absolute and unqualified guar*97anty of the faithful performance of the contract by Lonning are genuine; but they pleaded in substance, that their signatures were obtained by fraud and misrepresentation of the plaintiff’s agent; that neither of them could read or write the English language; and that it was represented to them, toy plaintiff’s…
2Cases cited18 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- McCormack v. MolburgSupreme Court of Iowa · 1876
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
- Freedley v. FrenchMassachusetts Supreme Judicial Court · 1891
- Wallace v. Chicago, St. Paul, Minneapolis & Omaha R'y Co.Supreme Court of Iowa · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mayo Arcade Corporation v. Bonded Floors Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Rasmus v. AO Smith CorporationDistrict Court, N.D. Iowa · 1958
- Midland Mortgage Co. v. RiceSupreme Court of Iowa · 1924
- Proctor v. HanselSupreme Court of Iowa · 1928
- Crum v. McCollumSupreme Court of Iowa · 1930
13 more not listed; retrieve them via the Exa API.