Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 75 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...with the trial court. There are many cases, of which Posey '0. Bank, 24 Colo. 199, 49 Pac. 282, is an example, holding that a letter of this nature is to be strictly construed against the writer, on the ground that it is his duty to give clear expression to any limitation he intends to place upon his liability. This principle, however, does not require or justify a strained or unreasonable construction. In the present instance the letter-head used must have advised the bank that Healy & Co. were engaged in the business of selling live stock on commission. The reference to their practice of limiting their customers indicated plainly that they regarded Payne in that light-that is, as one who would ship stock to them for sale--and made the agreement to pay his drafts with that in mind. The statement that if he should want more than the thousand dollars they would upon notice arrange to handle his stock has the same effect. In view of these considerations their promise to honor his drafts "on hogs or cattle" could have but one reasonable meaning--that they would take care of such drafts as should be drawn against or on account of live stock shipped to them for sale. No cases to which our attention has been directed conflict with this conclusion, although several may seem to have a tendency in that direction. The case of Coffman et al. '0. Campbell & Co., 87 Ill. 98, turned upon the construction of a telegram reading, "Will pay A. Harper draft, twenty-three hundred dollars, for stock," sent in answer to the inquiry, "Will you honor draft drawn by A. Harper for twenty-three hundred dollars?" It was contended that no obligation was thereby assumed excepting to pay a draft made for the purchase of stock...