Hartog v. Mehle

McNally, J. (concurring).

I concur in the result. The question presented is whether the memorandum relied on by plaintiffs serves to enlarge the defendant’s common-law liability as bailee to that of surety. Contemporaneous circumstances and conversations may tend to establish that the exercise of reasonable care on the part of the defendant precludes recovery on the memorandum. I am of the opinion that considering the memorandum as a whole the phrase “ at your risk” is ambiguous. Evidence of the circumstances surrounding the execution of the memorandum is admissible to resolve the ambiguity.…