Newton Grain Co. v. Pierce

• Decision Date: 12 April 1904
• Citation: 106 Mo. App. 200,80 S.W. 268
• Parties: NEWTON GRAIN CO. v. PIERCE.
• Court: Missouri Court of Appeals

80 S.W. 268

106 Mo. App. 200

NEWTON GRAIN CO. v. PIERCE.

St. Louis Court of Appeals. Missouri.

April 12, 1904.

GUARANTY — DEFENSE — STATUTE OF FRAUDS.

1. Plaintiff refused to sell goods on credit to a proposed customer, and the customer procured defendant to go with him to plaintiff, to whom defendant said to let the customer have the goods, and he would stand good for them, or pay for them. Afterwards defendant made payments to plaintiff on the account, which were entered on plaintiff's books in the name of the customer alone for convenience and to prevent confusion, as explained by plaintiff. Held, that the statute of frauds was no defense to the action by plaintiff on the account.

Appeal from Circuit Court, Greene County; W. D. Hubbard, Special Judge.

Action by the Newton Grain Company against N. J. Pierce. From a judgment for plaintiff, defendant appeals. Affirmed.

J. T. White, for appellant. M. C. Smith, for respondent.

Statement.

BLAND, P. J.

As stating his cause of action, plaintiff filed the following complaint (omitting caption) before a justice of the peace: "The plaintiff says it is a corporation duly organized and existing under the laws of the state of Missouri, and that said defendant, N. J. Pierce, is indebted to plaintiff in the sum of sixty-six and 96/100 dollars, balance due on account for goods, wares, and merchandise sold and delivered to W. G. Dennis at the special instance and request of said defendant, N. J. Pierce. Said goods and merchandise were sold and delivered at various times between August 1, 1902, and March 15, 1903, an itemized account of which, marked `Exhibit A,' is herewith filed. That all of said goods, wares, and merchandise were sold and delivered to said W. G. Dennis solely upon the credit of said defendant, and upon the promise and assurance of defendant, N. J. Pierce, that he would pay the plaintiff for the same." The account filed with the complaint was not controverted. The cause was appealed to the Greene circuit court, where, on a trial anew, the issues were submitted to Hon. W. D. Hubbard, special judge, who, after hearing the evidence, made the following finding of the facts: "The court finds that one Pierce, son of defendant, N. J. Pierce, had a contract to carry United States mails between the post office and railroad stations in the city of Springfield, Mo., and that defendant was on the bond of his son for the faithful discharge of his contract. That defendant's son abandoned the contract, and defendant, as bondsman, employed W. G. Dennis to carry out the contract of his son, and furnished Dennis with some horses and vehicles to be used in this business. That W. G. Dennis, requiring feed for the teams in this service, went to plaintiff, Newton Grain Company, to procure same. The court finds that W. G. Dennis was without means to pay cash for the feed, and that plaintiff was unwilling to extend to him credit unless some one would be responsible for such feed. The court further finds that thereupon and prior to the sale of the goods sued for in this case W. G. Dennis brought into the store of plaintiff the defendant, N. J. Pierce, and that defendant made an agreement with plaintiff that plaintiff should furnish feed and merchandise to W. G. Dennis, and defendant would be responsible with Dennis for the payment of same, and that the feed and merchandise so furnished was charged upon the books of plaintiff to W. G. Dennis, but that said charges were made by plaintiff for the convenience in keeping its books and accounts. The court further finds that W. G. Dennis and N. J. Pierce were joint purchasers of said feed and merchandise, and both parties are primarily liable to plaintiff for payment of the same. The court further finds there is due plaintiff on said account from defendant the sum of $66.96, with interest thereon at six per cent. per annum from August 11, 1903,...