Carling Tool Machine Co., Inc. v. Lapointe

The facts in this case were not in dispute. In 1921 the defendant and his brother bought certain merchandise from the plaintiff. Payments and promises to pay were made up to November 26th, 1929, and the balance due on that date was $343.33. The plaintiff and defendant then executed the following written instrument:

“November 26th, 1929.

To—Donald H. Lapoint:

Balance due on Lapoint Brothers account—343.33. The Carling Tool & Machine Company agrees to accept $15.00 per Month, to be paid from the 1st to the 20th of each month.

Donald H. Lapointe.

Accepted by

Carling Tool & Mch. Co.,

Arthur Carling.

Barba…