Townsend v. Wells
Supreme Court of Connecticut
WRIT of error. The declaration was as follows: “ That the defendant, in and by a certain writing or note, under his hand, by him well executed, dated the 30th day of June, 1806, promised the plaintiff to pay to him, for value received, the sum of eighty dollars, to be paid in good West-India rum, sugar, or molasses, at the election of the plaintiff, to be paid in eight days next after the date of said note, as by said writing or note, ready in court to be shown, appears.
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WRIT of error. The declaration was as follows: “ That the defendant, in and by a certain writing or note, under his hand, by him well executed, dated the 30th day of June, 1806, promised the plaintiff to pay to him, for value received, the sum of eighty dollars, to be paid in good West-India rum, sugar, or molasses, at the election of the plaintiff, to be paid in eight days next after the date of said note, as by said writing or note, ready in court to be shown, appears. Now, the plaintiff further says, that the defendant, his promise aforesaid not regarding, hath never performed the same,…
1Opinion of the Court
By the Court.
Such a construction must be given to the note as will preserve the rights of the parties unimpaired, and, at the same time, leave the promissor bound for the payment, tiptil the note is satisfied. The note binds the promissor tos pay the promissee eighty dollars in ram, sugar, or molasses, within eight days of the date. The promissor has the right, therefore, of making payment in one or the other of these articles. The promissee: has, also, by the condition of the note, a right to elect, within the eight days, which of the articles he will receive in payment. But this right of…
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