Streeper v. Victor Sewing MacHine Co.

Syllabus

<p>A written agreement between a company making sewing machines, and a consignee to receive and sell them on commission, provided that the commission should be calculated on the retail prices for which the machines should be sold, as reported by the consignee, and that attachments should be sold to the consignee at the lowest wholesale rates. The proceeds of sales of- machines, beyond the commission, belonged to the company. In a suit by it against the consignee and a person liable with him, on a bond for his indebtedness, to recover such proceeds, and the sale price of attachments, the complaint set forth schedules showing the retail price of each machine sold, as so reported, and the excess of money, beyond commission, retained by the consignee, and the price of each attachment sold to the consignee : Held, That the complaint was sufficient.</p> <p>The consignee and another person united in a bond to the company, conditioned that the former should pay to it all moneys which should become due under, or arise from, the written agreement, and waiving notice of non-payment: Held, That the liability of the surety arose on the bond, and that of the consignee on the bond or the written agreement, and that the statute of limitations in regard to written instruments governed the case.</p> <p>The condition of the bond extended to the payment of notes made or indorsed by the consignee, and transferred to the company.</p> <p>So far as the surety was concerned, his waiver or notice applied to a default by the consignee.</p>