Taylor v. Parish

Citations

• 86 Wash. 141
• 149 P. 635
• 1915 Wash. LEXIS 1187

Syllabus

<p>Bills and Notes — Obdebs on Fund — Qualified Acceptance — Construction — Evidence—To Explain Writing — Ambiguity. An order by loggers to pay the sum of $1 per M. up to the amount and as the sum may become due them on logs as per contract with the defendant, which was accepted by the defendant “as the amount is due” to the loggers, is ambiguous as limited by the acceptance, and admits of parol evidence to the effect that all the parties Knew that the loggers were without funds, that advances to them by the defendant had been and were necessary, that there was no profit in the logging operations, and that nothing became due to the loggers, although subsequent to the acceptance enough logs were put in at $1 per M. to pay plaintiff’s claim had no further advance been made; and there could be no liability on the acceptance, since it is clear that defendant did not intend to guarantee profits to the loggers, and the parties understood that the logging contract was to carry itself.</p>