Boston & Sandwich Glass Co. v. Moore
Massachusetts Supreme Judicial Court
Contract upon the following written guaranty, signed by the defendant; “ Boston, September 10,1872. For and in consideration of the sum of one dollar herein paid, the receipt of which is hereby acknowledged, I guarantee the sum of five hundred dollars ($500) value in glass shades purchased by my son, C. C. L. Moore, from the Boston and Sandwich Glass Company.
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Contract upon the following written guaranty, signed by the defendant; “ Boston, September 10,1872. For and in consideration of the sum of one dollar herein paid, the receipt of which is hereby acknowledged, I guarantee the sum of five hundred dollars ($500) value in glass shades purchased by my son, C. C. L. Moore, from the Boston and Sandwich Glass Company. Terms of purchase to be sixty days from date of invoice, and, if not paid within ninety days, draft to be drawn on me for the amount.” At the trial in the Superior Court, before Allen, J., the plaintiff offered to prove that it was a…
1Opinion of the CourtColt, J.
The question submitted by this report is whether the instrument declared on is to be construed as a continuing guaranty which affords security to the plaintiff for credits given to'the principal in successive transactions, or as a guaranty confined to one transaction, and therefore satisfied by a single purchase of the goods named to the specified amount followed by payment for the same.
The rules which govern the construction of written contracts are to be applied to this ; one of which is, that where there is no ambiguity in the terms, the writing itself must be alone consulted in…
2Cited by10 opinions
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- L. Littlejohn & Co. v. HandyMassachusetts Supreme Judicial Court · 1923
- Sherman v. MulloyMassachusetts Supreme Judicial Court · 1899
- Cutler v. BallouMassachusetts Supreme Judicial Court · 1884
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