Winston-Salem Masonic Temple Co. v. Irving Trust Co.

AUGUSTUS N. HAND,

Circuit Judge (dissenting).

The distinction largely relied on in the opinion of the majority between this ease and that of Manhattan Properties, Inc., v. Irving Trust Co., 290 U. S., 54 S. Ct. 385, 78 L. Ed. - (decided February 5, 1934), is that here the landlord gave a receipt to the tenant which is thought to affect the charaeter of the obligation assumed by the latter, This instrument acknowledged receipt of $50,000 for advances made by the landlord on account of the new building erected by the tenant which the latter agreed to “repay * * * in accordance with the terms of…