International Textbook Co. v. Mabbott
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Douglas county: W. J. Turneb, Judge. The action is to recover the unpaid part of the contract price for a course of instruction in the correspondence school of the plaintiff. It is brought against the defendant as guarantor of an infant’s contract. The principal contract was made with one Clarence Johnston. He and plaintiff’s agent requested Mabbott to sign as guarantor for Johnston.
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Appeals from a judgment of the circuit court for Douglas county: W. J. Turneb, Judge. The action is to recover the unpaid part of the contract price for a course of instruction in the correspondence school of the plaintiff. It is brought against the defendant as guarantor of an infant’s contract. The principal contract was made with one Clarence Johnston. He and plaintiff’s agent requested Mabbott to sign as guarantor for Johnston. Mabbott testified that he was very busy at the time and did not pay much attention to it, but signed the contract as requested. The contract, dated March 16, 1912,…
1Opinion of the CourtSiebeckeR, J.
The defendant avers that he is not liable on the contract of guaranty and asserts several different grounds to sustain his claim.
1. He asserts that the contract is not supported by any legal consideration. This position is untenable for the reason that the written guaranty subscribed by the defendant expresses on its face that it is based on a valuable consideration. It also clearly appears that the giving of the guaranty was clearly for the benefit of Johnston, the principal contractor. The consideration is clearly shown. Dadlman v. Hammel, 45 Wis. 466; Young v. Brown, 53 Wis. 333, 10 N. W.…
2Cases cited19 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
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- Lachman & Jacobi v. Henry Block & Bro.Supreme Court of Louisiana · 1895
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