Clark v. Berlureau

Appellate Division of the Supreme Court of New York

Clark v. Berlureau

223 A.D. 199, 228 N.Y.S. 377, 1928 N.Y. App. Div. LEXIS 6167

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 1928

StatusPublished

Cited by1 cases

This text of 223 A.D. 199 (Clark v. Berlureau) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Berlureau, 223 A.D. 199, 228 N.Y.S. 377, 1928 N.Y. App. Div. LEXIS 6167 (N.Y. Ct. App. 1928).

Pincite

Opinion

Per Curiam.

The meaning of the word “ until ” is often ambiguous. It sometimes includes, sometimes excludes, a mentioned date. (People v. Fitzgerald, 180 N. Y. 269, 275; Clarke v. Mayor, etc., 111 id. 621; Henderson v. Edwards, 191 Iowa, 871; 183 N. W. 583; 16 A. L. R. 1090, 1094, note.) This appeal involves simply the construction of a pleading in the main body of which a contract is alleged. The meaning of the word “ until ” as used in the exhibit attached to the complaint in the sentence “ this offer good until July 27, 1927,” is not clear. We cannot say as matter of law that it is used with the intention of excluding the mentioned date and to render an acceptance on that date unavailing. At the trial the true meaning of the word, as intended by the parties to the action, may be elucidated through proof of the surrounding facts and circumstances.

All concur. Present — Hubbs, P. J., Sears, Crouch, Taylor and Sawyer, JJ.

Order affirmed, with ten dollars costs and disbursements.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The meaning of the word “ until ” is often ambiguous. It sometimes includes, sometimes excludes, a mentioned date. (People v. Fitzgerald, 180 N. Y. 269, 275; Clarke v. Mayor, etc., 111 id. 621; Henderson v. Edwards, 191 Iowa, 871; 183 N. W. 583; 16 A. L. R. 1090, 1094, note.) This appeal involves simply the construction of a pleading in the main body of which a contract is alleged. The meaning of the word “ until ” as used in the exhibit attached to the complaint in the sentence “ this offer good until July 27, 1927,” is not clear. We cannot say as matter of law that it is used with the intention of excluding the mentioned date and to render an acceptance on that date unavailing. At the trial the true meaning of the word, as intended by the parties to the action, may be elucidated through proof of the surrounding facts and circumstances.

All concur. Present — Hubbs, P. J., Sears, Crouch, Taylor and Sawyer, JJ.

Order affirmed, with ten dollars costs and disbursements.

Cite This Page — Counsel Stack

Bluebook (online)

223 A.D. 199, 228 N.Y.S. 377, 1928 N.Y. App. Div. LEXIS 6167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-berlureau-nyappdiv-1928.

Opinion

Related

Cite This Page — Counsel Stack