Furst and Thomas v. Rowland

Johnson, C. J.,

(after stating the facts). We think this case is ruled by Athletic Tea Co. v. McCormack, 159 Ark. 407, 252 S. W. 7. In the case referred to, this court had under consideration the liability of sureties on a sales contract, in all essential respects not dissimilar to the one here under consideration. There, as here, the contract provided for weekly reports by the principal to the obligee, which provision was ignored by the principal and acquiesced in by the obligees, and we stated the law as follows:

“Where one employed as sales representative of appellant gave a bond, with…