Smith v. Cummer Mfg. Co. of Texas

This is a suit by Cummer Manufacturing Company against B. H. Smith •upon a contract of guaranty. Plaintiff alleged that it made a contract with defendant, whereby the latter was to sell onion crates for plaintiff, receiving the same commission as was paid to one Duffie and upon the same condition. That condition is not always stated in the petition in exactly the same language. First, it is stated that Duffie agreed “to guarantee the payment of all crate accounts” made by him with purchasers, in consideration of extra commission to be paid him. Afterwards Duffle’s agreement is described as…