Avery Co. v. Powell

Plaintiff sued the defendant as guarantor of a note executed by I. D. Kemp evidencing one of the four deferred payments on a threshing ma*630chine' sold by plaintiff to Kemp. The price of the machine was $1050, and, as Kemp was not able to pay any cash at the time of purchase, the above amount was divided into four notes of $262.50 each, one due September 1, 1909, another November 1, 1909, the third September 1, 1910, and the fourth (the guaranty of which is the subject of this suit) due November 1, 1910; all four of the notes being secured by chattel mortgage on the machine.

Prior to the sale…