Sappa v. Crestetto

I dissent. A point of disagreement with my associates is in the answer to the following question:

Where a creditor, without receiving any sum in payment, signed an ambiguous receipt of full payment under an ac*369knowledged liability to pay for services, which receipt did not purport to be a release, and the jury impliedly found upon sufficient evidence that a waiver of the creditor’s claim was not intended, should this court, upon appeal, from a consideration of the writing alone, construe it as a release and reverse the judgment to the extent of the amount which was owing to the creditor on the…