Montgomery Ward & Co. v. Newman

The plaintiff seeks to recover upon a written instrument of the tenor following:

Rutland, Vt.

“A Newman Feb. 17, 1930.

Dear Sir

Please pay Montgomery Ward Company ($800.00) Eight Hundred Dollars and charge to my account.

This is the second payment of plumbing and heating for three houses, 82-84 Killington Avenue. 15 Vernon Street.

C. W. Young.”

The defendant had a verdict and judgment below, and the case is here on plaintiff’s exceptions.

The defendant never accepted the instrument in writing, and claims that consequently he is not liable. He relies in the first place upon the provision of G. L.…