W. T. Rawleigh Co. v. Pritchard
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, -Second Division; Guy Fulli, Judge; The contract is controlled by the five-years statute of limitations.
Read the full summary
Appeal from Pulaski Circuit Court, -Second Division; Guy Fulli, Judge; The contract is controlled by the five-years statute of limitations. C. & M. Dig., sec. 6955. The -contract and guaranty are one and the same, both being written, and the obligation of the guarantors is to pay the account, upon the failure of the principal. 190 S. W. 118. An action by a waterworks company against a defendant on'a written contract to furnish water is controlled by the five-year statute. 59 So. 825. 'But on the death of the principal the statute did not begin to run until the appointment of an administrator.…
1Opinion of the CourtMcCulloch, C. J.
Appellant was a foreign corporation engaged in selling goods and merchandise, and on January 5, 1915, entered into a written contract with A. ¡3. Ott for the sale of merchandise to the latter in installments at stipulated prices. Appellees, A. L. Pritchard and W. L. Davis, at the time of the execution of this contract, joined therein for the purpose of becoming guarantors of Ott for the payment of all amounts due under the contract for the sale of merchandise. Ott died on July 29, 1916, owing a balance of $695.32. Appellant presented the claim to Ott’s administrator and instituted the present…
2Cases cited1 opinion
- Nunn v. McKnightSupreme Court of Arkansas · 1906
3Cited by3 opinions
- McConnell v. Arkansas Coffin CompanySupreme Court of Arkansas · 1926
- Pritchard v. W. T. Rawleigh Co.Supreme Court of Arkansas · 1924
- W. T. Rawleigh Co. v. BoydCourt of Appeals of Tennessee · 1926