Way v. Ryther

• Decision Date: 25 February 1896
• Citation: 165 Mass. 226,42 N.E. 1128
• Parties: WAY v. RYTHER et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

165 Mass. 226

42 N.E. 1128

WAY v. RYTHER et al.

Supreme Judicial Court of Massachusetts, Suffolk.

February 25, 1896

The contents of the letter of the vendor to the vendee were as follows: "Dear Sir: I have about sixty new window frames set with glass, said to be double thick German first quality. If you are dealing with any carpenters or builders, you could trade them to them. I ordered them and, after they were ordered, I concluded to have French plate instead. So I did not use them. They were billed to me at three hundred and ninety-four dollars and fifty cents. I will sell them for three hundred dollars, and will put seven hundred with them, and take two notes of five hundred each on two and three months, satisfactorily indorsed. J.T. Reynolds will do for one or both. Interest at 12 per cent. What say you to this?" And the following was the bill of sale referred to:

March 18, 1890.

Mr John M. Way, to J.J. McNutt, Dr.

Mch. 18, 1890	46 window frames, sash and glass as per agreement	$300 00
	12 extra window frames, sash and glass $6.50	78 36
		-------
(Pigeon Cove.)		$378 36

COUNSEL

J.W. Keith, for plaintiff.

Edgar R. Champlin, for defendants.

HOLMES J.

The testimony offered by the defendants that the words "window frames," as used by builders and carpenters, signify a part distinct from the sashes; only showed that to that extent builders and carpenters use English with accuracy. When, however, the expression is "window frames set with glass," it necessarily embraces the sashes in which the glass is set immediately, and we think, as matter of construction, even apart from the evidence, also embraces the frames. The word "frames" cannot be neglected simply because other words show that the contents of the frames are included. The technical meaning of the well-known word is not overriden by the abbreviation in the mode of statement, which, taken literally, might signify that the frames referred to were the structures in immediate contact with the glass. We believe that frames, as well as sashes, are a well-known article of merchandise, and according to the testimony of McNutt, which probably would not be controverted, they constitute a large part of the value of the completed window.

The question as to whether there was evidence of fraud may or may not be material at another trial. The mere statement that "they were billed to me at...