Legal Opinion

Sterling Tire Corporation v. Beers

Supreme Court of Connecticut

Decided November 17, 1923PublishedCited by 2 opinions

Action to recover for automobile tires alleged to have been sold and delivered to one defendant, and upon a contract of guaranty for their payment signed by the other defendant, brought to and tried by the Court of Common Pleas in Fairfield County, Booth, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff.

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Action to recover for automobile tires alleged to have been sold and delivered to one defendant, and upon a contract of guaranty for their payment signed by the other defendant, brought to and tried by the Court of Common Pleas in Fairfield County, Booth, J.; facts found and judgment rendered for the defendants, and appeal by the plaintiff. Between April 19th and August 2d, 1919, the plaintiff sold and delivered to “SchnelFs Garage” in Nor-walk, a quantity of tires and tubes. “SchnelFs Garage” was owned and conducted by one Clifford S. Schnell, and the defendant William H. Beers, Jr., who was…

1Opinion of the CourtWolfe, J.

The motion to correct the finding is without merit.

The complaint in this action against the defendant William H. Beers, Jr., is solely one for goods sold and delivered to him, and against the administrator of the estate of Phebe M. Beers, upon the guaranty above referred to, based upon plaintiff’s claim of sale and delivery of goods to William H. Beers, Jr. As the ques tion of the liability of the defendant William H. Beers, Jr., growing out of his agreement with Schnell to assume and to pay to the plaintiff the debt in question, is not raised by the allegations of the complaint, and…

2Cases cited2 opinions

  1. Baurer v. DevenisSupreme Court of Connecticut · 1923
  2. State v. Mad River Co.Supreme Court of Connecticut · 1917

3Cited by2 opinions

  1. Colonial Finance Co. v. DeBenignoPennsylvania Court of Common Pleas · 1939
  2. Colonial Finance Co., Inc. v. DebenignoConnecticut Superior Court · 1939

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