Home/Ninth Circuit/Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a Corporation

Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a Corporation

254 F.2d 453
Court of Appeals for the Ninth Circuit·Decided February 5, 1958·No. 15238·Published·Cited by 7 cases

Opinion

JAMES ALGER FEE, Circuit Judge.

In an action on a written contract for sale and purchase of machinery, *455 the trial eourt held that the sole signatory thereto as buyer was a surety, who was released because the court found that another, unnamed in the instrument, was principal and that time had been extended to the latter without the consent of the surety. The first question is whether the signer bound itself personally by contract as purchaser. The answer depends upon the legal interpretation of a writing under the law of the State of Washington.

Western Machinery Company, through J. Stanley Iluckaba, its sales representative, duly authorized to make contracts binding upon the company for sale of machinery, entered into a series of negotiations with Earl R. McMillan for the sale of a coal washing plant. The latter was the only official of Northwestern Improvement Company representing it in the State of Washington. He was, as its Manager of Coal Operations, authorized to accept an offer and sign a written contract for the purchase of coal washing machinery.

The following contract was entered into dated February 20, 1952:

*456

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Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a Corporation, 254 F.2d 453 (9th Cir. 1958).

254 F.2d 453 (Western MacHinery Company, a Corporation v. Northwestern Improvement Company, a Corporation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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