Pulitzer Pub. Co. v. Chitwood

• Citation: 9 S.W.2d 251
• Decision Date: 17 September 1928
• Docket Number: No. 4380.,4380.
• Parties: PULITZER PUB. CO. v. CHITWOOD et al.
• Court: Court of Appeal of Missouri (US)

9 S.W.2d 251

PULITZER PUB. CO. v. CHITWOOD et al.

No. 4380.

Springfield Court of Appeals. Missouri.

September 17, 1928.

Appeal from Circuit Court, Butler County; Charles L. Ferguson, Judge.

Action by the Pulitzer Publishing Company against W. W. Chitwood, P. T. Sigler, O. O. O'Dell, and others. From a judgment for plaintiff, Sigler and O'Dell appeal. Affirmed.

Garry H. Yount and John A. Gloriod, both of Poplar Bluff, for appellants.

Judson, Green & Henry, of St. Louis, for respondent.

BRADLEY, J.

This is an action on a written guaranty. The cause was tried before the court without a jury, and the court found for plaintiff in the sum of $188.89, and rendered judgment accordingly. Defendants Sigler and O'Dell filed motion for new trial, which motion was overruled, and they appealed.

Defendants signed instruments, all on one paper, as follows:

"Agreement.

                                             "June 23, 1924
                

"I, W. W. Chitwood, in undertaking to act as newsdealer and circulator in Poplar Bluff, county of Butler and state of Missouri, for the St. Louis Post-Dispatch, published by the Pulitzer Publishing Co., of St. Louis, Mo., do hereby agree to the following conditions:

"I agree to act as such newsdealer and circulator for at least six months from date and will devote my earnest endeavor to create and establish a regular sale and demand for the Post-Dispatch, and that prior to giving up the business I will endeavor to secure a successor and will give the Pulitzer Publishing Co., thirty days' notice.

"Second. I agree to pay at St. Louis, Mo., all bills by the 10th of each month for papers furnished during the preceding month at the regular wholesale rate fixed by the Pulitzer Publishing Co., from time to time by Pulitzer Publishing Co., for unsold copies of said paper. Full returns for four Mo.

"Third. I agree to deliver papers to subscribers promptly on arrival of same each day, at the regular rates established by the Pulitzer Publishing Co., and that I will not turn my list of subscribers over to any person without first obtaining consent of the Pulitzer Publishing Co.

"It is further understood and agreed that the Pulitzer Publishing Co. is in no way responsible for any accounts due me from subscribers for copies of the Post-Dispatch delivered by me, or for nonpayment to me by subscribers. The Pulitzer Publishing Co. reserves the right to supply or sell to as many newsdealers for the sale of the Post-Dispatch in Poplar Bluff, Mo., as they may desire, also to annul this agreement without notice should any of the conditions be violated. All conditions must be embodied within this agreement. No verbal understanding, promises or agreements will be recognized.

"Fourth. Should I fail at any time in any of the above conditions, or in any other way fail to conduct the business to the entire satisfaction of the Pulitzer Publishing Co., they, the said Pulitzer Publishing Co., shall have the right to discontinue supplying me with papers, and upon the termination of this agreement, from violations of its terms or otherwise. I agree to furnish the Pulitzer Publishing Co. or its representatives, a full list of all subscribers to the St. Louis Post-Dispatch.

                       "[Signed] W. W. Chitwood, Dealer
                  "Witnessed: H. E. Blunk
                  "Effective July 1st, 1924
                

"Bond.

"We, the undersigned, hereby agree to become individually and jointly responsible to the Pulitzer Publishing Co., of St. Louis, Mo., publishers of the St. Louis Post-Dispatch, for whatever amount not exceeding $500.00, which may become due said Pulitzer Publishing Co. for papers furnished at the regular wholesale rate fixed by the Pulitzer Publishing Co. from time to time to W. W. Chitwood in Poplar Bluff, county of Butler and state of Missouri, providing the amount is not settled by said W. W. Chitwood, according to terms of the above agreement.

"It is further understood and agreed that this liability shall continue in above amount so long as the principal is indebted to said Pulitzer Publishing Co. in any amount under above contract, regardless of what sum or sums of money said principal might pay to said company on said account, and we shall be responsible individually and jointly for any loss or damages sustained by Pulitzer Publishing Co. on account of any violation of the above agreement on the part of said W. W. Chitwood, and that we will give Pulitzer Publishing Co. thirty days' notice in writing should we at any time elect to terminate this contract.

                            "[Signed] P. T. Sigler, Surety
                                      "O. O. O'Dell, Surety.
                

"Witnessed: H. E. Blunk.

"Dated at Poplar Bluff, this 28th day of June, 1924."

Defendant Chitwood acted under the above agreement during July and August, 1924, and during...