Klinge
Los Angeles Brewing Co. v. Klinge
Opinion
Lead Opinion
Shaw, J.
Action against surety on bond to recover payment of the value of goods sold to principal. The appeal is from a judgment in favor of plaintiff.
On February 20, 1906, William Klinge, as principal, and George G. Garrettson and one Walger, as sureties, executed a certain bond to the Los Angeles Brewing Company in the sum of $1,500. By the terms of this instrument, copy of which is made a part of a verified complaint, it was provided that the brewing company should sell to said Klinge, as principal, such amount of beer as he might demand, and should open and establish an account with him, and, as it might deem advisable, extend to him a line of credit for such purchases as he might make, not exceeding $1,500. To secure the payment of any indebtedness incurred by said Klinge for beer sold him by said brewing company, appellant and Walger as sureties, undertook and agreed to pay the same on de mand. Plaintiff alleges that between February 20, 1906, and July 18, 1906, under and in accordance with the terms of said instrument, it sold and delivered to Klinge certain beer for which he agreed to pay plaintiff the sum of $930.54, which sum, although demanded, he had failed to pay. By his…