Watkins Products, Inc. v. Coyle

191 N.W.2d 254, 1971 N.D. LEXIS 118
North Dakota Supreme Court·Decided October 22, 1971·No. Civ. No. 8748·Published·Cited by 1 cases

Opinion

PAULSON, Judge.

This is an appeal from a judgment of the district court of Sioux County in favor of the plaintiff, Watkins Products, Inc. [hereinafter Watkins], and against the defendant, Anna M. Coyle [hereinafter Mrs. Coyle], A demand for trial de novo has been made.

The action arose by virtue of a contract entered into on October 19, 1964, wherein Watkins, a foreign corporation engaged in the sale of merchandise through independent dealers, undertook to furnish merchandise to Robert F. Coyle, Jr., Mrs. Coyle’s son. As part of the same contract, Mrs. Coyle and her husband, Robert F. Coyle (who died prior to the commencement of this action), agreed “jointly, severally and unconditionally” to act as sureties for Robert F. Coyle, Jr., to the extent of $2,000. The contract which Mrs. Coyle signed stated that the agreement would not be binding on any of the parties until accepted by Watkins at its home office.

The contract entered into is governed by §§ 22-01-06.1 through 22-01-06.5 of the North Dakota Century Code, which provide :

“22-01-06.1. When notice of acceptance to guarantor or surety required.— In every case in which a manufacturer, wholesaler or distributor hereafter requires a present or prospective agent, salesman, or dealer to secure the signature of a surety or guarantor to a bond or guaranty for the purpose of delivery of merchandise to such agent, salesman or dealer, such manufacturer, wholesaler or distributor shall furnish such surety or guarantor a correct copy of the bond or obligation, together with notice of acceptance by the manufacturer, wholesaler or distributor and setting forth to such surety or guarantor his right to withdraw as herein provided, either by regis[256] tered or certified mail or personal delivery prior to the first shipment of any merchandise for which such surety or guarantor might become liable.
“22-01-06.2. Surety or guarantor may withdraw within ten days. — Each surety or guarantor to any such bond or obligation shall have ten days’ time after his receipt of such copy and notice during which he may give notice either by mail or personal delivery to the manufacturer, wholesaler or distributor of his withdrawal from any such bond or obligation, and shall in the event of his giving such notice of withdrawal as herein provided incur no liability under any such bond or obligation to such manufacturer, wholesaler or distributor.
“22-01-06.3. When account furnished surety or guarantor.. — In every case in which the manufacturer, wholesaler or distributor is furnishing merchandise to any agent, salesman or dealer whose execution of bond or obligation to such manufacturer, wholesaler or distributor has been joined in by any surety or guarantor, such manufacturer, wholesaler or distributor shall each month during the life of such bond or obligation furnish each such surety or guarantor either by mail or personal delivery a statement showing the debit and credit items incurred and made in the account between the manufacturer, wholesaler or distributor and such agent, salesman or dealer during the immediately preceding month and the exact balance owing from the agent, salesman or dealer thereon at the date of such notice.
“22-01-06.4. Surety or guarantor may withdraw at any time. — Any such surety or guarantor may at any time give the manufacturer, wholesaler or distributor either by mail or personal delivery, notice of withdrawal from the bond or obligation to which he is a party, and such withdrawal shall be effective as of the time of the receipt of such notice by the manufacturer, wholesaler or distributor.
“22-01-06.5. Public policy. — It is hereby declared to be the public policy of the state of North Dakota that any contracts contrary to the provisions of sections 22-01-06.1 through 22-01-06.4, inclusive, and any waiver of any of the provisions thereof shall be void.”

Pursuant to these statutes, Watkins sent separate letters to Mrs. Coyle and to her husband by registered mail. These letters were accompanied by registry return receipt cards which directed “Deliver to addressee only”. Each letter, which was accompanied by a copy of the contract, contained a statement that Watkins had accepted the contract and a statement that the surety had ten days after the receipt of the letter from Watkins to withdraw as surety.

On October 24, 1964, Robert F. Coyle picked up both of the letters at the Self-ridge Post Office. He signed the registry return receipt card addressed to him with his own signature and he signed Mrs. Coyle’s name to the other registry return receipt card. When the cards were returned to Watkins’ head office, the similarity of the signatures was noted and Watkins contacted the postmistress at the Selfridge Post Office to ascertain whether Mrs. Coyle, in fact, had signed the card and received the letter from Watkins addressed to her. In response to this inquiry, the Selfridge postmistress had Mrs. Coyle sign a receipt card and the postmistress then returned the card to Watkins. At the time that Mrs. Coyle signed the card she did not receive a copy of the contract or of the letter originally mailed to her by Watkins.

After receiving the card signed by Mrs. Coyle, Watkins commenced doing business with Robert F. Coyle, Jr., and furnished him with merchandise valued at $11,725.55, receiving in return $4,277.17 from him, leaving a balance of $7,142.58 owed by Robert F. Coyle, Jr., to Watkins. After ceasing to do business with Watkins, Robert E. Coyle, Jr., then moved to the State of Washington where he thereafter was adjudicated a bankrupt and, as a result, his debt to Watkins was discharged. Subsequently, Watkins instituted this suit to recover $2,000 from Mrs. Coyle.

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Watkins Products, Inc. v. Coyle, 191 N.W.2d 254, 1971 N.D. LEXIS 118 (N.D. 1971).

191 N.W.2d 254 (Watkins Products, Inc. v. Coyle) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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