168 N.W. 373 | S.D. | 1918
The J.'R. Watkins- Medical Company, appellant, is -a Minnesota corporation having its principal -place of 'business at Winlona. It is- engaged in manufacturing' and selling medicines, extracts, and other articles-. Tire defendant Miller had been engaged for several years in selling merchandise furnished- 'by such corporation under written guaranteed contracts, prior to the -contract upon which this action is founded. At the time this contract was entered into Miller was indebted to the corporation for merchandise furnished under previous contracts in the sum of $1,559.29. The last contract, the one in question- here, was dated December 1, 1914, and terminated March 1, 1916. It -obligated the -corporation ito furnish Miller merchandise at the usual and customary wholesale prices, to an amount which he might reasonably require- for sale -within certain designated territory, and obligated Miller to malee personal canvas with team anld wagon fbir the • sale--of such merchandise at least three times a year, and to- pay wholesale prices 'at (times specified and required such merchandise be paid for or returned to the company as prescribed in the -contract. The contract in a -clause near th-e end of the printed' part -contained the following’ provision:
“The indebe-dness 'due on the date icff this- agreement from, the party of the second -part to the party of the first part for goods and' other articles sold and' delivered to him under a prior agreement is hereby mutually agreed to be the sum of $1,559.29, which said sum and indebtedness the second' party hereby promises and agrees to pay -during, the term of -this agreement, and payment of which -is hereby sia extended.”
The -defendants Christianson, and Johnson at '.the solicitation of Miller -became -guarantors of this contract at the time of its execution. Miller- hi-m-se-lf obtained the signatures of these guarantors and" forwarded .the contract and guaranty Ito plaintiff. The manner of the.-execution of the -contract was found satisfactory by th-e -corporation, and the -guarantors -were formally notified of their acceptance -as such. 'At the termination of this contract Miller was indebted to plaintiff in the sum of $487.83 as a ibalan-ce 'due for merchandise furnished during the -period of the -contract. This indebtedness, together with the $1,559.29 prior indebtedness, aggregated $2,047.02, flor which sum this action -was- brought against the guarantors and Miller. Miller made no defense, and' no- question is
“In consideration of one dollar in 'hand paid by (the J. R. Watkins Medical 'Company, the receipt whereof is- ‘hereby acknowledged, and the execution of the foregoing- agreement by said company, and the sale and delivery by it to the party of the second part of its medicines, extracts, and other articles, and the extension of the time of payment of the indebtedness due from him to- said company as therein- provided-, we, the undersigned sureties -do hereby jointly and severally promise and guarantee the full and' complete -payment of the said s-um1 and indebtedness- and for said medicines, extracts, and -other articles, and of the prepaid freight and express charges thereon, -at the time and p-lace and- in the manner in said agreement provided.”
The order and judgment of the trial' co-urt are affirme-cl.