Redfern

J. I. Case Co. v. Redfern

Good Law
133 Cal. App. 173·23 P.2d 791
Court of Appeal of CaliforniaJuly 5, 1933Docket No. 4789.California1,244 words

Opinion

Lead Opinion

Pullen, J.

This action was commenced against I. R. Stevens and A. R. Van Antwerp, as the makers of seven promissory notes given in part payment of certain farm machinery purchased from appellant, respondent being made a party in the action as guarantor of each of the notes. The makers defaulting, judgment was entered against them and the trial proceeded against Redfern as guarantor. At the conclusion of the trial judgment was entered in favor of defendant Redfern, and this is an appeal therefrom.

Appellant was engaged in the business of selling farm machinery through local dealers, of whom respondent was one, and also by salesmen employed directly by the company operating out of its various branch offices.

Here, a salesman, James K. Hopkins, acting through a dealer, sold certain farm machinery to defendants Van Antwerp and Stevens. These buyers lived in Dos Palos, within the territory of Redfern, and in accordance with his agreement, he demanded that he be given credit for the sale.

At that time the machinery had all been delivered to the purchasers and all the papers evidencing the deal had been executed, but through an error the proper forms had not been used and it was necessary to…

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