Proctor v. Hartigan

2 N.E. 99, 139 Mass. 554, 1885 Mass. LEXIS 147

Opinion

W. Allen, J.

The words “ To he' paid out of the last payment ” were part of the defendant’s contract of acceptance; and evidence of the contract between the drawer and drawee, and of the conversation between the parties refering to it, was competent to aid in the construction of the writing by showing the facts and circumstances under which it was made. See Franklin Savings Institution v. Reed, 125 Mass. 365; Stoops v. Smith, 100 Mass. 63. . Exceptions sustained.