Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 17

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...the former agreed to purchase and deliver to the latter one thousand sheep. The contract was reduced to writing, and was signed by A., and by two other persons as sureties for him, but was not signed by B. Suit by B. against A. and his sureties, alleging a failure to deliver the sheep. Answer, by the sureties: 1. That they executed the agreement upon the consideration that B. should also execute the same on his part, and that he neither signed the agreement, nor paid the money agreed to be advanced thereon. 2. That B. did not notify them of the acceptance of their guaranty, nor that he had given credit thereon. Held, that the recital in the agreement of the payment of one thousand dollars by B., as part of the consideration of the contract, was not conclusive, but that the fact of the payment might be inquired into. Held, also, that if the sureties executed the agreement upon the consideration that B. should also execute it, and thus become mutually bound with A. for the performance of its conditions, they had a right to insist upon its execution by him, or to claim the benefit of his failure. VOL. XVII--25 Held, also, that the pleadings did not make a case in which notice to the sureties of the acceptance of the security was necessary. APPEAL from the Putnam Common Pleas. HANNA, J.--F01'ney sued upon the following writing: "GREENCASTLE, March 30, 1860. "Article of agreement entered into between B. Swope, of the first part, and P. Forney, of the second part. The provisions of this agreement are as follows: Swope agrees to purchase and deliver to Forney one thousand sheep, to be in kind, in quality, in age, and in price, as follows: Ten bucks, and one thousand ewes, and the lambs belonging to the ewes; the bucks to be chosen by...show more

Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236885236
  • 9781236885234