R. L. Polk Printing Co. v. Smedley
Michigan Supreme Court
Error to Wayne; Mandell, J. Assumpsit by the R. L. Polk Printing Company against John H. Smedley on the guaranty of the payment of a printing contract. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. The plaintiff conducted a printing business in the city of Detroit. The Sail & Sweep Publishing Company published a magazine known as “ Sail & Sweep.” The printing was done by the plaintiff.
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Error to Wayne; Mandell, J. Assumpsit by the R. L. Polk Printing Company against John H. Smedley on the guaranty of the payment of a printing contract. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. The plaintiff conducted a printing business in the city of Detroit. The Sail & Sweep Publishing Company published a magazine known as “ Sail & Sweep.” The printing was done by the plaintiff. The plaintiff had an unpaid account against the Sail & Sweep Publishing Company on June 15, 1904, amounting, as is claimed, to $2,888.55. The Sail &• Sweep…
1Opinion of the CourtGrant, C. J.
(after stating the facts). It is urged on the part of the plaintiff that this was a continuing guaranty, covering both past' and future indebtedness, that such is the plain intent appearing upon the face of the guaranty, and that therefore parol evidence of conversations at and prior to the time of its execution and of the surrounding circumstances is inadmissible as tending to change the plain terms of the contract. This contention cannot be maintained. The contract is ambiguous. It is impossible to tell to what account it referred. If the-guaranty included solely a pre-existing account, it…
2Cases cited4 opinions
- White's Bank of Buffalo v. MylesNew York Court of Appeals · 1878
- Gard v. StevensMichigan Supreme Court · 1864
- Columbus Sewer Pipe Co. v. GanserMichigan Supreme Court · 1885
- Grasser & Brand Brewing Co. v. RogersMichigan Supreme Court · 1897
3Cited by6 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- People Ex Rel. Michigan Electric Supply Co. v. Vandenburg Electric Co.Michigan Supreme Court · 1955
- Mauro v. DavieMichigan Supreme Court · 1926
- Grant v. FletcherDistrict Court, E.D. Michigan · 1922
- Michigan Bank, National Ass'n v. William J. Kahlich, Inc.Michigan Court of Appeals · 1970
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