85 Iowa 617 | Iowa | 1892
This case was before considered in this court on a demurrer to the claim, and it is reported in 78 Iowa, 185. It is not necessary that we should again state the facts of the ease, further than to say that the claim is based on an undertaking of the defendant’s intestate, Buchanan, to pay for certain goods, purchased by one J. T. Ingman, in the following words:
“Villisca, July 22, 1885.
■uMessrs. Manning, Cushing & Co., Ottumwa, Iowa.
“G-entlemen: — If you will ship goods to J. T. Ingman, I will be responsible for payment of same to "the amount of six hundred ($600) dollars.
“D. S. Buchanan.”
The appellee contends that, conceding the time to. have been extended by the acceptance of the note from Ingman, it could not affect the liability of Buchanan,, for his obligation is not on the note, but on the account. Importance is attached to the fact that we held on the-former trial that the undertaking of Buchanan was-absolute to pay for the goods bought by Ingman. Because absolute, it is not to be understood that the obligation may not be released without payment. The-obligation was absolute because assumed unconditionally. No condition precedent to a right of enforcement, as demand or notice, was expressed or implied. Buchanan was a paity to the original contract with the plain
We think the conclusion of the district court is correct, and the judgment is aeeiemed.