Pratt v. Dittmer

CRAIG, J.

The material facts of this ease are as follows:

On the nineteenth day of May, 1915, Adolph Dittmer, a resident of Orange, California, entered into an agreement with the Brenard Manufacturing Company of Iowa City, Iowa, whereby the company agreed to conduct a voting contest for Dittmer. It was stipulated that the Brenard Manufacturing Company would furnish him with a certain piano and other articles, which it did, and would direct the management of the voting contest, and in that connection it was stipulated as follows: “The Brenard Mfg. Co. agrees to send their organizer to us within the first six weeks from the starting of the campaign, for constructive campaign work and for the completion of clubs. Organizer to remain for such a period as Brenard Mfg. Co. may deem

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necessary.” And again, “My last twelve months sales were $13,500 and upon this figure my next twelve months sales to be $16,000 and that if 3 & 6/100 per cent of my gross sales does not amount to four hundred ninety dollars (490.00) for the next twelve months you will pay me the deficiency in cash, and immediately upon approval of this order send your bond for $490.00 to cover this agreement with me. ...”

Dittmer, in consideration of securing the personal property ordered in the contract and the performance by the manufacturing company of its covenants contained therein, executed six promissory notes which were attached to the contract. The notes were payable two, three, four, five, six, and seven months after date, respectively. Except as to date, they are identical. The first one reads as follows: “P. O. Orange, State Calif. 5/19/1915.

“For value received I promise to pay to the order of the Brenard Manufacturing Company, Eighty Dollars, at Iowa City, Iowa, payable as below, Two months after date. Amount $80.00.

2

et. U. S. Rev. Stamp duly cancelled.

“Signed by Adolph Dittmer.”

At the end of the contract in question, the following provision appears: “These notes to be detached by the Brenard Mfg. Co.” It is also stipulated in the contract upon the part of Dittmer as follows: “I agree to furnish you within ten days approximately one hundred fifty names and addresses of persons whom I believe will make good club leaders and members,” etc. His testimony shows that he sent the names at the end of ten days. The contract was signed by the defendant, Dittmer, in Orange, California, and also by the Brenard Manufacturing Company through its duly authorized agent, B. F. Bates. The contract, with the notes attached, was sent to the Brenard Manufacturing Company at Iowa City, Iowa, and thereafter the notes were detached from the contract by Love-land, one of the partners of the Brenard Manufacturing Company. Subsequently to being so detached, and before any breach of the contract, on the thirty-first day of May, 1915, they were sold and assigned to the plaintiff in this action, W. I. Pratt.