Milwaukee Corrugating Co. v. Traylor

Citations

• 95 Kan. 562
• 148 P. 653
• 1915 Kan. LEXIS 256

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Order — To Pay Another’s Debt — Conditional Acceptance. The defendant executed a memorandum in the following form:</p> <p>“Lebo, Kan., June 25-13.</p> <p>“Reed, from Milwaukee Corrug’t. Co. an order from Frank Anderson to pay their note of $409 as soon as proceeds of sale of hardware is available, which I will do.</p> <p>E. L. Traylor.”</p> <p>Held, not to constitute an absolute acceptance of an order to pay another’s debt, but a qualified or conditional acceptance, defendant’s liability depending upon the happening of the condition.</p> <p>2. Same — No Liability until Condition is Fulfilled. The defendant having agreed to exchange a farm for a stock of hardware belonging to Anderson, the stock to be invoiced and any ■ difference in the invoice price and the agreed value of the land to be paid in cash, executed to a third party the memorandum mentioned in the preceding paragraph. When the invoice was completed it was found that the value of the stock was less than the value of the farm. By a subsequent agreement the defendant procured for Anderson a loan on the farm, the proceeds of the loan being applied in payment of the difference due defendant on the exchange and the balance paid to Anderson. Held, that the moneys passing through the hands of the defendant were proceeds of the loan and not proceeds of the sale of the stock of hardware, and that the plaintiff is not entitled to recover from the defendant upon the written memorandum.</p>