Gile Grocery Co. v. Lachmund
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by H. S. Gile & Co., against Lonis Lachmund.
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From Marion: Percy R. Kelly, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action by H. S. Gile & Co., against Lonis Lachmund. The complaint alleges, in substance, that between January 4, 1912, and June 12th of the same year, the plaintiff sold and delivered to Robert Glisan merchandise, for which the latter agreed to pay $964.38, all of which was charged to his account; that, though demand has been made upon him for the payment of the same, Glisan has not paid any part thereof, except $317.39. As affecting the defendant directly, the averments of the complaint are these:…
1Opinion of the CourtJustice Burnett
1. The defendant maintains that he is not liable upon his contract of guaranty unless the plaintiff first had exhausted all its legal remedies against Grlisan without success.. Whatever the rule may be in other jurisdictions, it is settled in Oregon against the contention of the defendant by Delsman v. Friedlander, 40 Or. 33 (66 Pac. 297), Mr. Justice Wolverton there saying:
“Primarily, it may be stated as a legal proposition sustained and established by the very great weight of judicial opinion that a guaranty of the payment of a note or other obligation is an absolute undertaking to pay it…
2Cases cited8 opinions
- Hansen v. RounsavellIllinois Supreme Court · 1874
- Trullinger v. KofoedOregon Supreme Court · 1879
- Delsman v. FriedlanderOregon Supreme Court · 1901
- Anderson v. GriffithOregon Supreme Court · 1908
- Wilson v. AllenOregon Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- Marshall-Wells Co. v. TenneyOregon Supreme Court · 1926
- Depot Realty Syndicate v. Enterprise Brewing Co.Oregon Supreme Court · 1917
- Strange v. Cooper Grocery Co.Court of Appeals of Texas · 1928
- Fatland v. Wentworth & Irwin, Inc.Oregon Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.