181 N.W. 953 | N.D. | 1921
Lead Opinion
Statement: — This is an action upon a contract of guaranty for goods sold and delivered. Upon a previous appeal (41 N. D. 534, 171 N. W. 609) this court held that the contract covered goods sold anterior to its date. The defendants have appealed from a judgment awarded for goods sold, both anterior and posterior to the date of the contract of guaranty. The essential facts necessary to bo stated are as follows:
Between October 17’ 1913, and September 14,. 1914, the plaintiff engaged in the wholesale business, sold -and delivered certain merchandise to the Everybody’s Store, a corporation engaged in the retail business. On September 14, 1914,. the account between the retailer and the wholesaler not being in a satisfactory state, and the plaintiff desiring security in order to continue the credit relations and further sales, the defendants, who were then officers of the retail company, one, the president and the other, the active manager, made to the plaintiff the con
Decision. — Upon this record the trial court properly received in evidence the ledger account of the plaintiff. The record sufficiently demonstrates that this ledger account was the permanent book record of the plaintiff’s account with the retail store. This account was admissible
Dissenting Opinion
(dissenting). I dissent, for the same reason that I dissented in the ease of Fargo Mercantile Co. v. Johnson, 41 N. D. 534, 171 N. W. 609.