J. R. Watkins Co. v. Beyer

The following opinion was filed April 29, 1930:

Foweee, J.

It is apparent that if Menning was the agent of the company in procuring defendant’s signature to the guaranty, the jury’s findings of representation by Menning that he was not indebted to plaintiff and reliance by the defendant on such representation without negligence on his part voids the contract of guaranty.

The contract in suit and many others very similar have been before the courts of several states. The contracts are cunningly devised to enable foreign corporations to evade the common statutory provisions requiring them to file…