Clark v. Rawson
New York Supreme Court
Error to Jefferson C. P. Rawson sued Clark & Hinds before a justice of the peace, and declared on the following written contract: “ Memorandum of an agreement between Edmund Rawson of the- one part, and Wm.
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Error to Jefferson C. P. Rawson sued Clark & Hinds before a justice of the peace, and declared on the following written contract: “ Memorandum of an agreement between Edmund Rawson of the- one part, and Wm. J. Clark of the other part: said Clark agrees to deliver to said Rawson’s saw mill in Wilna, on or before the first day of April next, pine timber enough in the log to make 42 thousand sawed shingles, calculated to take about seven thousand feet board measure; said timber is to be of good quality, and suitable to make good sawed shingles; the same being for twenty-one thousand shingles.…
1Opinion of the Court
By the Court, Bronson, Ch. J.
In the body of the instrument, Clark alone is mentioned as the contracting party: but it is evident from the names subscribed to it without resorting to the extrinsic evidence, that Hinds also intended to bind himself as a joint contractor with Clark; and the intention of the parties, when it can be gathered from the writing, and is hot contrary to law, must be carried into effect.
A consideration for the promise is plainly expressed by the words, “ the same being for twenty-one thousand. shingles.”
The defendants rely on the statute of frauds; and it may, perhaps,…
2Cited by5 opinions
- McNaught v. . McClaughryNew York Court of Appeals · 1870
- Blackmer v. DavisMassachusetts Supreme Judicial Court · 1880
- Pauly v. MurrayCalifornia Supreme Court · 1895
- Esselstyn v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1904
- Gill v. General Electric Co.Court of Appeals for the Third Circuit · 1904