Ball v. Benjamin

Citations

• 56 Ill. 105

Syllabus

<p>1. Evidence—construction of words used in a contract—when to he determined hy a jury. A purchased of B a machine, called a double saw bench, to he used in his planing mill; hut, after the machine was ordered, and before it was delivered, formed a partnership with C. A, however, when the machine was delivered, gave his individual note for it. Upon a subsequent dissolution of the firm, C executed to A a bond, by which he undertook to pay all the indebtedness of the firm, and “ all debts due for material used in the construction of the planing mill and building occupied by them: ” Held, in an action by B against C, wherein it was sought to recover the price of the machine, on the ground that the defendant undertook to pay it, among other debts, the bond should have been admitted as evidence, and the jury permitted to decide, in view of all the evidence, whether, by the phrase “ material used in the construction of the planing mill,” contained in the bond, the parties intended to include this machine.</p> <p>2. Parol evidence—when a contract is inwriting. But evidence offered by the plaintiff, to show that the defendant, by the terms of his purchase of A’s interest in the mill, was to pay the debt to plaintiff, was properly rejected, for the reason that the terms of the dissolution were embodied in the bond.</p> <p>8. Action—on a promise to another. The doctrine is settled in this court, that a third party may maintain an action on a promise made to another for his benefit.</p>