Kierulff & Ravenscroft v. Koping

PLUMMER, J.

Plaintiffs had judgment for the sum of $500, from which judgment the defendant appeals.

The action is founded upon a written guaranty in the words and figures following, to wit:

“Stockton, Calif., May 5, 1926.

“Kierulff & Ravenscroft,

“Dear Sirs,

“Following is a list of property owned by me described for the purpose of establishing my husbands credit with you who is the owner of the radio store known as the Stockton Radio Shoppe; 1 apartment house, value $31,000 at 437 E. Fremont St., Stockton ([4] interest); 1 22-acre ranch value $6500, six miles E. of Stockton on The Linden Road,

(i/2

interest); 1 4^-room bungalow at 150 Ramona St., Stockton, value $2700 (sole owner).

“Following is a list of the mortgages:

Apt. house ......................$12000

Ranch ..........................$ 2500

House ..........................$ 1400

“I hereby guarantee Mr. Hoping’s account to the amount of $500 Five hundred dollars.

“Signed, Tresa E. Hoping.”

The transcript shows that at and prior to the execution of this guaranty, V. G. Hoping, the husband of the defendant, was conducting a radio shop or store in the city of Stock

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ton, and that he desired to place in the store certain radio equipment or merchandise kept and sold by the plaintiff. It appears that this merchandise could only be handled by regularly licensed dealers, or at least was only sold to and through regularly licensed dealers. It further appears from the transcript that the plaintiffs, before selling such merchandise to the said V. G-. Koping, desired some guarantee as to his credit, not being satisfied with Y. G. Koping’s credit rating as it theretofore existed. In pursuance of the understanding had between the plaintiffs, Y. G. Koping and the defendant, relative to the sale and purchase of such radio equipment, the defendant signed the foregoing written guaranty, which guaranty was forwarded to the plaintiffs by the said Y. G. Koping. Thereafter, and during the course of the business conducted by the said Y. G. Koping, he ordered and received from the plaintiffs several hundred dollars worth of radio merchandise, -leaving, on October 7, 1926, a balance due the plaintiffs of the sum of $600. During the course of the business conducted by the said Y. G. Koping and his dealings with the plaintiff, it appears that he paid on account of merchandise purchased from them the sum of $542.