Victor Sewing Machine Co. v. Crockwell
Utah Supreme Court
Appeal from tbe Third Judicial District Court. The facts are stated in the opinion of the court. The statute of limitations has no application to the two breaches of the bond first assigned. The action is on a bond given to secure the performance of a written agreement; these two breaches are the non-performance of this agreement.
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Appeal from tbe Third Judicial District Court. The facts are stated in the opinion of the court. The statute of limitations has no application to the two breaches of the bond first assigned. The action is on a bond given to secure the performance of a written agreement; these two breaches are the non-performance of this agreement. The accounts for goods consigned and sold are not the .basis of the action, but only a means of proving the non-performance of the written agreement, and measuring the damages sustained. The ruling that the non-payment of the personal and guaranteed notes did not…
1Opinion of the Court
BoeemaN, J.,
delivered tbe opinion of the court:
Two of the respondents, Crockwell and Bassett, entered into an agreement with appellant to become its agents in Salt Lake City to sell sewing machines. The agreement was lengthy, intricate and indefinite. To this agreement was added a bond, with Crockwell and Bassett as principals, and Streeper, Greenig and Murphy as sureties, conditioned to pay all moneys that may become due under the agreement, and to ensure the performance of the agreement.
The appellant, alleging breaches of the bond, brought suit against respondents on the bond, and judgment…
2Cases cited3 opinions
- Smith v. United StatesSupreme Court of the United States · 1865
- Leggett v. HumphreysSupreme Court of the United States · 1859
- Mayer, Trustee v. WHITE, ADM.Supreme Court of the United States · 1861
3Cited by1 opinion
- Streeper v. Victor Sewing MacHine Co.Supreme Court of the United States · 1885