WESTERN MACHINERY CO. v. NORTHWESTERN IMPROVE. CO.

No. 15238.

254 F.2d 453 (1957)

WESTERN MACHINERY COMPANY, a Corporation, Appellant, v. NORTHWESTERN IMPROVEMENT COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 5, 1958.


Attorney(s) appearing for the Case

Shapro & Rothschild, Arthur P. Shapro, San Francisco, Cal., Karr, Tuttle & Campbell, Carl G. Koch, Coleman P. Hall, Seattle, Wash., for appellant.

Dean H. Eastman, Roger J. Crosby, Seattle, Wash., for appellee.

Before BONE, FEE and HAMLEY, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

In an action on a written contract for sale and purchase of machinery, the trial court 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...

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