O. N. Bull Remedy Co. v. Clark
Supreme Court of Minnesota
Action against William S. Boyer, Henry Clark and H. J. Trana in the district court for Wadena county to recover $794.32 upon a contract executed by plaintiff and defendant Boyer as principals, the performance of which by Boyer was guaranteed by the other defendants.
Read the full summary
Action against William S. Boyer, Henry Clark and H. J. Trana in the district court for Wadena county to recover $794.32 upon a contract executed by plaintiff and defendant Boyer as principals, the performance of which by Boyer was guaranteed by the other defendants. There was no service of summons upon defendant Boyer, Trana made settlement with the plaintiff before trial, and defendant Clark in his separate answer set up as defenses: (l) That the contract had been altered by plaintiff in a material provision after its execution by drawing lines through and across the following words written…
1Opinion of the CourtStart, C. J.
On September 7, 1906, the plaintiff entered into a written contract with the defendant Boyer, whereby he was to act as its salesman for its goods and account for the same. The defendants Clark and Trana guaranteed the faithful performance of the contract of Boyer, who made default, and this action was brought in the district court of the county of Wadena to recover the amount due on the contract. The guarantors, only, answered, and to the effect that the contract was materially altered after its execution. The defendant Trana «made settlement for his alleged pro rata liability on the contract…
2Cases cited3 opinions
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Board of County Commissioners v. GreenleafSupreme Court of Minnesota · 1900
- Warder, Bushnell & Glessner Co. v. WillyardSupreme Court of Minnesota · 1891
3Cited by9 opinions
- Metropolitan Life Ins. Co. v. ArmstrongCourt of Appeals for the Eighth Circuit · 1936
- Lewis v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- Starrett v. ShepardWyoming Supreme Court · 1980
- Costello v. GleesonArizona Supreme Court · 1914
- Whitney v. WhitneyOregon Supreme Court · 1925
4 more not listed; retrieve them via the Exa API.