McCormick Harvesting Mach. Co. v. Regier
| Citation | 74 N.W. 957,54 Neb. 528 |
| Parties | MCCORMICK HARVESTING MACH. CO. v. REGIER. |
| Decision Date | 08 April 1898 |
| Court | Supreme Court of Nebraska |
1. Evidence examined, and held to sustain the finding of the district court.
2. A guarantor is entitled to stand upon the letter of his contract. His guaranty is not to be extended by a strained construction or an unnecessary implication from the language used. His liability must be found in the very language of his agreement, or it will not exist.
Error to district court, York county; Bates, Judge.
Action by the McCormick Harvesting Machine Company against Cornelius Regier. Judgment for defendant, and plaintiff brings error. Affirmed.Geo. B. France, for plaintiff in error.
Gilbert Bros., for defendant in error.
The McCormick Harvesting Machine Company has filed here a petition in error to review a judgment of the district court of York county dismissing a suit brought by it to that court against Cornelius Regier.
On the 14th of February, 1893, the machine company and one Isaac Regier entered into a contract in writing, in and by which Isaac Regier was appointed the agent of the machine company to sell its harvesting machines, twine, binder trucks, bundle carriers, flax dumps, and machinery repairs for a certain time, in a certain territory. Isaac Regier was to make sales of the property furnished him by the machine company at prices to be fixed by the latter, and might sell the property either for cash or on credit, but, if sold on credit, he was to take the notes of responsible parties, and, in short, when called upon, was to pay the company for all property furnished him either in cash or by the notes of responsible persons to whom he had sold. On the date of the execution of this contract between the machine company and Isaac Regier, Cornelius Regier executed in writing and delivered to the machine company the following: “I hereby guaranty * * * the fulfillment of the within contract and the payment of all obligations arising under the same on the part of the said Isaac Regier.” In September, 1893, an accounting took place between Isaac Regier and the machine company, in and by which it was found that the former was indebted to the latter in the sum of $759.09. Isaac Regier having failed to pay the machine company this sum of money, the latter brought this suit against Cornelius Regier to recover it on his guaranty. In the accounting had between Isaac Regier and the machine company, the former was charged with $830 for twine, which the machine company had furnished Isaac, and which it alleges was furnished in pursuance of the contract entered into between them on the 14th of February, 1893. The contention of Cornelius Regier was that no part of this twine was furnished Isaac Regier by the machine company in pursuance of the contract; that, while the twine came into the possession of Isaac Regier after he entered into the contract with the machine company, it was furnished him by the machine company in pursuance of a contract of sale entered into December, 1892,...
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