Penniman v. Stanley
Massachusetts Supreme Judicial Court
Contract against T. W. Stanley and Joel H. Hills, upon the following agreement, dated February 18, 1873, and signed by the plaintiff and the defendants : “ For the purpose of assisting in the consummation of a contract for the building of the Shelter Island hotel the coming season, by Wm.
Read the full summary
Contract against T. W. Stanley and Joel H. Hills, upon the following agreement, dated February 18, 1873, and signed by the plaintiff and the defendants : “ For the purpose of assisting in the consummation of a contract for the building of the Shelter Island hotel the coming season, by Wm. R. Penniman, for the Shelter Island Park Company, and on account of said contract, said Penniman has agreed with said company to take in part payment, $15,000, fifteen thousand dollars of the Shelter Island Park Co.’s stock at par value. And in consideration of said Penniman agreeing to hold and carry $9000,…
1Opinion of the CourtLord, J.
The questions raised upon this bill of exceptions are to be decided by the construction of the contract executed by the parties. The contract is inartificially drawn, and no important legal principle is involved, but the simple question is, What does the language, which the parties have chosen to use, import ? It is possible that they have used language which does not convey the precise idea which they had in their minds, even if the respective parties had the same idea. There is no suggestion in the bill of exceptions, and none was made at the argument, that any of the language used was…
2Cited by1 opinion
- Wood v. FarmerMassachusetts Supreme Judicial Court · 1908