Nichols

Plaintiff’s action was based upon an undertaking executed by Archie Nichols as principal, and Hans Christian Hansen and H. H. Carpenter, as sureties. This undertaking was conditioned as follows:

The record discloses that an agreement existed between Nichols and plaintiff, of which the sureties at the time of signing the bond were ignorant, to the effect that the goods delivered to Nichols, as between the parties, should have a value equal to plaintiff’s retail price for kindred goods; that if Nichols sold any of the goods delivered to him he should be allowed a commission of twenty per cent, twenty-five per cent and thirty-three per cent; that upon the filing of the bond and under the agreement, plaintiff delivered to Nichols goods to the value of $17,059.35; that of such goods so delivered to him Nichols returned goods to the value of $14,606.66; that of such goods so delivered he sold goods to the value of $2,452.69, accounting to plaintiff only for the sum of $490. The complaint alleges that these goods so sold by Nichols were of the value of $2,504.20. This averment in the complaint as to the value of the sold goods is not denied in the answer filed by the sureties. The…