White Furniture Company v. Mather

ON REHEARING

THOMAS, J.:

The predominant fact among those from which this litigation grew was a letter addressed to a bank and signed “Mather-Hodgkins, Inc. by H. B. Hodgkins Secretary-Treasurer.” Upon its construction our decision must depend.. The missive read: “We are handing you herewith, retain title contract . . . executed by Nellie I. Ashley and R. E. Ashley to the undersigned. . . .” There followed a statement of the amount unpaid and the sum due each month, $200.00. The only remaining paragraph advised the bank: “You are hereby authorized and instructed to remit all monthly payments…