Koppitz-Melchers Brewing Co. v. Schultz
Ohio Supreme Court
Error to the Circuit Court of Guernsey County. On July 27, 1898, the plaintiff in error, The Koppitz-Melehers Brewing Co., entered into a contract in writing with the defendant in error, Henry T. Hall, whereby it agreed to sell and deliver beer to said Henry T. Hall, at Cambridge, Ohio.
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Error to the Circuit Court of Guernsey County. On July 27, 1898, the plaintiff in error, The Koppitz-Melehers Brewing Co., entered into a contract in writing with the defendant in error, Henry T. Hall, whereby it agreed to sell and deliver beer to said Henry T. Hall, at Cambridge, Ohio. By the terms of said; contract shipments of beer were to be made by said-brewing company in “car load lots,” and Hall was to pay for the same at the times and in the manner stipulated and provided in said contract. Among other stipulations and provisions, s-aid contract contained the following: “It is further…
1Opinion of the Court
. The contract and 'bond relied upon and pleaded by plaintiff in 'error-were contemporaneously executed, were parts'of the same *441transaction, amid must be construed together as one instrument'.
The plaintiff in. error by accepting this contract, and 'as obligee in sai'd bond, impliedly undertook 'and agreed with. Henman Schultz the surety in said bond, that Hall should 'at no time have a total credit with it on the purchase of beer under said contract, exceeding two car loads at any one time, and that it would not ship said Hall '■a third can load of beer until the first car load received by…
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