Harrison v. Atlee
Harrison v. Atlee
Opinion of the Court
Opinion by
The defendants plant their defense on an inference which they draw from their contract with the plaintiff. They undertake to distinguish this contract from others relating to the payment of the price of chattels where no time is fixed for such payment because of the provision in the agreement that the plaintiff would “carry the above bonds” at the rate of six per cent interest. The effect of this is said to be to create a liability on the part of the vendor to carry the loan indefinitely at the option of the defendants. It would appear from the terms of the agreement that it was understood between the parties that the price of the bonds was to be charged against the defendants and the bonds held by the plaintiff as security for the payment of the debt. It would seem, also, that the transaction implied further negotiation as to the time during which the loan was to be carried or that the parties had in view a custom between brokers not disclosed in the contract or the affidavit of defense. It would follow as a legal consequence of the extension of credit to the defendants that they became liable to pay interest for the time the indebtedness existed, and the rate of interest named is only that which the law would fix in the absence of any agreement of the parties. It is a rule which the appellants do not controvert that where no time is specified in a note or
We think the case was properly decided and the judgment is affirmed.
Reference
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- Syllabus
- Sale — Sale of bonds — Loan—Interest. 1. Where a sale of bonds is accompanied by an agreement in writing by the vendor with the vendee that “we will carry the above bonds for you charging interest at the rate of six per cent,” the agreement does not constitute an obligation on the part of the vendor to carry the bonds for the vendee, so long as the vendee pays six per cent on the purchase price, but it constitutes either a demand loan, or at the most an agreement for the postponement of the payment for the bonds, for a reasonable length of time. 2. In such a case where the vendors carry the bonds for fourteen months, and sell them after notice to the vendee, and then bring an action to recover the difference between the contract price and the price brought at the sale, and the vendee in his affidavit of defense raises no question as to the reasonableness of the time, the vendor will be entitled to judgment for want of a sufficient affidavit of defense.