Jordan-marsh Co. v. Beals

• Decision Date: 25 February 1909
• Citation: 87 N.E. 471,201 Mass. 163
• Parties: JORDAN-MARSH CO. v. BEALS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

201 Mass. 163

87 N.E. 471

JORDAN-MARSH CO. v. BEALS.

Supreme Judicial Court of Massachusetts, Suffolk.

February 25, 1909

COUNSEL

Ossian Ray, for appellant.

Gardner Beals, for appellee.

OPINION

LORING, J.

The only ground on which the plaintiff corporation contends that the case at bar does not come within Holmes v. Small, 157 Mass. 221, 32 N.E. 3, is that the guaranty in question, as matter of construction, is not an offer to 'Messrs. Jordan, Marsh & Co.' Its contention is that by reason of the words 'at your house' in the body of the guaranty, the fact that the guaranty is addressed to 'Messrs. Jordan, Marsh & Co.' is overcome, and that taking the guaranty as a whole it should be construed to be an offer to the person or corporation who should be the proprietor of the Jordan-Marsh Company store. We cannot adopt that construction of the guaranty.

We have examined the authorities cited by the plaintiff and find nothing in them requiring notice.

Judgment affirmed.