Greer Machinery Co. v. Sears
Court of Appeals of Kentucky
Case 90 — Action by Greek Machinery Company Against J. L. Sears, &c., on a Contract of Guaranty. APPEAL FROM PULASKI CIRCUIT COURT — T. Z. MORROW, CIRCUIT JUDGE. Judgment for Defendant.
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Case 90 — Action by Greek Machinery Company Against J. L. Sears, &c., on a Contract of Guaranty. APPEAL FROM PULASKI CIRCUIT COURT — T. Z. MORROW, CIRCUIT JUDGE. Judgment for Defendant. Plaintiff Appeals. 1. We concede that as a general proposition, in order to hold a guarantor bound he must be notified that his offer of guaranty has been accepted, but we submit that the case here is excepted from that rule because it is not an offer upon the ¡part of the guarantor, but an express understanding. Rere appellant made a proposal to Chandler and he accepted it. This made a complete contract as…
1Opinion of the Court
Opinion op the court by
JUDGE BURNAM
Reversing.
In September. 1898, the Greer Machinery Company, of Knoxville, Tenn., proposed, in writing, through its agent, to C. J. Chandler, of Somerset, Ky., to appoint him its agent to sell agricultural implements and machinery, and a fertilizer known as the “Greer Compound,” at certain fixed and designated prices. The' proposition was made upon a printed form used by the company, and one of the clauses used these words: “It is understood and hereby agreed that fertilizers and all other goods ordered by or shipped to you are to be consigned and remain our…
2Cases cited4 opinions
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Board of Councilmen v. BrawnerCourt of Appeals of Kentucky · 1896
- Thompson v. GloverCourt of Appeals of Kentucky · 1879
- Ford, Eaton & Co. v. HarrisCourt of Appeals of Kentucky · 1897
3Cited by1 opinion
- McGowan v. Wells' TrusteeCourt of Appeals of Kentucky · 1919