H. C. Whitmer Co. v. McClung

OPINION of the Court by

Judge Eatliee

Reversing.

On March 14, 1928, the appellant, the H. C. Whitmer Company, a corporation of Columbus, Ind., and E. E. McClung, of Smith Grove, Ky., entered into a written contract (which was technically termed “credit agreement”), whereby the H. C. Whitmer Company was to sell to McClung, on a credit at) wholesale prices, certain merchandise, which McClung was to retail to customers and to pay the company for such merchandise, as set out in the agreement.

It was the custom of the company to require surety or guarantors for the faithful performance of such…