Beagle v. Cable
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Delaware county. Action by Harvey Beagle and others against Edwin B. Cable. From a judgment on the decision of the trial court for plaintiffs, defendant' appeals.
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Appeal from special term, Delaware county. Action by Harvey Beagle and others against Edwin B. Cable. From a judgment on the decision of the trial court for plaintiffs, defendant' appeals. On the 9th day of September, 1897, the defendant and one Buckbee, being then the owners of a tract of woodland, all the timber upon which they desired to cut and fit for market, so far as it was suitable for that purpose, entered into an agreement in writing with Leg & Eggleston, by which the latter agreed to cut and manufacture the said timber into lumber, ties, and posts, and deliver the same at Beers’…
1Opinion of the CourtMerwin, J.
The recovery here is on the theory that Lee &. Eggleston are liable to the plaintiffs and therefore the defendant is. liable on his guaranty. The defendant does not guaranty that Lee & Eggleston should perforin their contract. He only guaranties the-payment of the saw bill upon the terms and conditions imposed in. the contract. According to those terms, a portion of the saw bill became due from time to time, according as the work progressed., That amount has been paid by the defendant, or substantially that amount. The balance of the saw bill for the ties was to be paid, when the ties were…
2Cases cited2 opinions
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
- Creamer v. . MitchellNew York Court of Appeals · 1900
3Cited by1 opinion
- Tillotson & Wolcott Co. v. Scottdale MacHine & Mfg. Co.Ohio Court of Appeals · 1926