Continental Can Co. v. Lanesboro Canning Co.

• Decision Date: 28 March 1930
• Docket Number: No. 27769.,27769.
• Citation: 180 Minn. 27,230 N.W. 121
• Parties: CONTINENTAL CAN CO., Inc., v. LANESBORO CANNING CO. et al.
• Court: Minnesota Supreme Court

230 N.W. 121

180 Minn. 27

CONTINENTAL CAN CO., Inc., v. LANESBORO CANNING CO. et al.

No. 27769.

Supreme Court of Minnesota.

March 28, 1930.

Appeal from District Court, Fillmore County; N. E. Peterson, Judge.

Action by Continental Can Company, Inc., against Lanesboro Canning Company, L. T. Tollefson, and others. From an order denying their motion for amended findings or a new trial, defendant Tollefson and certain other defendants appeal.

Affirmed.

Hopp & Larson, of Preston, for appellants.

David A. McVeety, of Preston, for respondent.

STONE, J.

This action for the price of goods sold, tried without a jury, resulted in a decision against Lanesboro Canning Company, a corporation, the principal debtor, and the individual defendants as its guarantors. The latter appeal from an order denying their motion for amended findings or a new trial.

During the involved period, the canning company was a corporation engaged in the business of canning corn and other vegetables at Lanesboro. Each season as they were needed, it purchased its cans from plaintiff. Such purchases were made under three-year contracts. Before the cans for the season of 1922 were shipped, a guaranty of payment of the purchase price was required from and furnished by the individual defendants who were, and during all the time now in question remained, directors of the canning company. Again, April 20, 1923, a similar guaranty was required of and furnished by them in the following language:

"To the Continental Can Company, Chicago, Illinois.

"Please sell and deliver to the Lanesboro Canning Company, Lanesboro, Minnesota, on your usual terms of sale, such cans as they may from time to time order, and in consideration thereof, we, the undersigned, do hereby, both jointly and severally guarantee and hold ourselves, both jointly and severally, personally responsible for the payment at maturity of the purchase price, and if not paid at maturity, do hereby both jointly and severally agree to pay the purchase price, of all such cans so sold and delivered, whether evidenced by open account, acceptance, note or otherwise and we do hereby both jointly and severally, waive notice of acceptance hereof, amount of sales, dates of shipment, dates of delivery, notice of default in payments, necessity of legal proceedings of every kind against the purchaser, and any and all notices of every kind and nature whether provided by law or otherwise."

October 5, 1923, a new contract was entered into between plaintiff and the canning company for the three years beginning January 1, 1924, and ending December 31, 1926. The recovery now sought is for two carloads of cans furnished under that contract in May, 1925, all other shipments thereunder having been paid for.

1. The argument for appellants is correct that such a general guaranty as we have here,...