George Knapp & Co. v. Wilks
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; STATEMENT BY THE COURT. One Walter R. Isbell entered into a written contract with appellant, dated Fort Smith, Ark., April 30,1910, whereby he agreed to buy one hundred copies per day of the St. Louis Republic at a certain price named in the contract. The papers were to be delivered in St. Louis, Mo.
Read the full summary
Appeal from Benton Circuit Court; J. S. Maples, Judge; STATEMENT BY THE COURT. One Walter R. Isbell entered into a written contract with appellant, dated Fort Smith, Ark., April 30,1910, whereby he agreed to buy one hundred copies per day of the St. Louis Republic at a certain price named in the contract. The papers were to be delivered in St. Louis, Mo. To guaranty the performance of the contract, the appellees executed to appellant the following instrument: “We, the undersigned, hereby become sureties, individually and collectively, for W. R. Isbell, and hold ourselves responsible to you…
1Opinion of the Court
Wood, J.,
(after stating the facts). Conceding that the blank spaces in the contract were filled in by inserting in the blank for the date the words “Fort Smith, Arkansas, April 30, 1910,” and in the blank space left for the number of copies of the paper the words “one hundred,” and that these insertions were made by Isbell after the contract of guaranty was executed by the appellees, still we are of the opinion that these were immaterial alterations that did not affect the liability of appellees under their contract of guaranty.
Under the undisputed evidence, the only object of inserting the…
2Cases cited7 opinions
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- White-Wilson-Drew Co. v. EgelhoffSupreme Court of Arkansas · 1910
- Bascom v. SmithMassachusetts Supreme Judicial Court · 1895
- Inhabitants of South Berwick v. HuntressSupreme Judicial Court of Maine · 1865
- Powers v. . ClarkeNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brelsford v. Whitney Trust & Savings BankCourt of Appeals for the Fifth Circuit · 1934
- Southern Surety Co. v. PerdueSupreme Court of Arkansas · 1918