Proctor v. Hartigan
Massachusetts Supreme Judicial Court
Contract against the defendant, as acceptor of the following order: “ $500. Boston, August 19, 1882. “Bartholomew J. Hartigan, pay to the order of Proctor & Drummey five hundred dollars, value received, anu charge the same to the account of .“James Walsh. “ To be ,paid out of the last payment. “ I accept this order.
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Contract against the defendant, as acceptor of the following order: “ $500. Boston, August 19, 1882. “Bartholomew J. Hartigan, pay to the order of Proctor & Drummey five hundred dollars, value received, anu charge the same to the account of .“James Walsh. “ To be ,paid out of the last payment. “ I accept this order. “B. J. Hartigan;” Answer, a general denial, and that the acceptance was conditional, and related to the last payment to be made on a contract which, at the time of said acceptance, was in force between said Walsh and the defendant; that Walsh never performed said contract; and…
1Opinion of the Court
By the Court.
The defendant did not unconditionally accept the order in the plaintiff’s favor. He accepted it “to be paid out of the last payment.” These words are ambiguous, and, without some extrinsic, explanation, are not intelligible. It was decided at the former hearing of this case, that evidence of the contract with Walsh, and of the acts and conversation of the parties at the time the acceptance was signed, was competent to aid in the construction of the writing. Proctor v. Hartigan, 139 Mass. 554. The evidence put in by the defendant at the second trial, to which the plaintiffs…
2Cases cited1 opinion
- Proctor v. HartiganMassachusetts Supreme Judicial Court · 1885
3Cited by8 opinions
- Way v. GreerMassachusetts Supreme Judicial Court · 1907
- Kellogg v. SuherMassachusetts Supreme Judicial Court · 1952
- Linnehan v. MatthewsMassachusetts Supreme Judicial Court · 1889
- Fuller v. WildeMassachusetts Supreme Judicial Court · 1890
- Morrison v. LamsonMassachusetts Supreme Judicial Court · 1900
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