Cook v. Wolfendale
Massachusetts Supreme Judicial Court
Contract on the following order, drawn by John E. Coyle on the defendant and accepted by him : “ Please pay William M. Cook or order twelve hundred dollars, payable when house is ready for occupancy.”
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Contract on the following order, drawn by John E. Coyle on the defendant and accepted by him : “ Please pay William M. Cook or order twelve hundred dollars, payable when house is ready for occupancy.” Trial in the superior court, before Pit-man, J., without a jury, who reported the case as follows: “ It appeared that at the time when the draft was given and accepted Coyle was building a house for the defendant, and the plaintiff knew that such was the case, although he did not know what the contract was between Coyle and the defendant; that Coyle came to the plaintiff, who was a dealer in…
1Opinion of the Court
By the Court.
The drawee of the order is liable according to the terms of his acceptance. The consideration of the order was the delivery of lumber by the plaintiff to Coyle, and not the performance by Coyle of his contract with the drawee. The plaintiff delivered the lumber, and the use which Coyle made of it was immaterial to him, not being provided for by the terms of the order. When the house became ready for occupancy, by any agency whatever, the order became payable. The evidence offered and rejected was rejected properly.
Judgment on the verdict for the plaintiff.
2Cited by9 opinions
- Borden v. BoardmanMassachusetts Supreme Judicial Court · 1892
- Russell v. BarryMassachusetts Supreme Judicial Court · 1874
- J. E. Smith & Co. v. W. M. Hurlburt Co.Supreme Court of Connecticut · 1919
- Somers v. ThayerMassachusetts Supreme Judicial Court · 1874
- O'Connell v. Mount Holyoke CollegeMassachusetts Supreme Judicial Court · 1899
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