Foley-Wadsworth Imp. Co. v. Solomon
| Decision Date | 17 March 1897 |
| Court | South Dakota Supreme Court |
| Parties | FOLEY–WADSWORTH IMPLEMENT CO., Plaintiff and appellant, v. SIMON C. SOLOMON Henry L. Ferry, J. W. Norris and O. S. Ferry, dba Norris & Ferry, Defendants and respondents. |
Appeal from Circuit Court, Minnehaha County, SD
Reversed
Joe Kirby, Sioux Falls, SD
Attorney for appellant.
C. S. Palmer
Attorney for respondents.
Opinion filed March 17, 1897
On the 22d day of November, 1893, and upon two occasions during the year 1894, the defendants J. W. Norris and O. S. Ferry, a co-partnership, engaged in retail implement business, as Norris & Ferry, gave to plaintiffs certain orders for goods, and in accordance therewith, subsequently executed 14 promissory notes, aggregating $1,316, to recover which this action was instituted against said defendants, as makers, and Simon C. Solomon and Henry L. Ferry, as guarantors of payment at maturity or at any time thereafter. Defendants Solomon and Henry L. Ferry had judgment, and plaintiffs appeal.
The printed form of the contract of purchase under which the goods were ordered, shipped and delivered, provided that certain of the items included therein should be paid for July 1, 1894, and the purchase price of all other goods was therein made payable October 1, 1894. This contract of purchase contained an itemized list of goods bought, the conditions of payment, and price of each article, together with the terms of settlement and the following written guaranty:
“In consideration of the credit which the Foley-Wadsworth Implement Company may extend to Norris & Ferry upon the within contract, and one dollar to us in hand paid, the receipt whereof is hereby acknowledged, we hereby guaranty to Foley-Wadsworth Imp. Co. the complete performance of said contract, and payment at maturity, or at any time thereafter, of all notes and accounts made in pursuance of said contract, including also the payment of all goods that said Norris & Ferry may order during the year 1894. We hereby waive all notice to us, as guarantors, of default in payment of any of said notes or accounts.
Henry L. Ferry.”
Over the printed word “July” the word “October” was written, and, when the foregoing instrument was offered in evidence, counsel for respondents objected on their behalf to the introduction thereof, for the reason that it bears upon its face the appearance of a changed and altered instrument, in, especially, that the...
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