Elwell v. Cumner

Massachusetts Supreme Judicial Court
Elwell v. Cumner, 136 Mass. 102 (Mass. 1883)
1883 Mass. LEXIS 174
Allen

Elwell v. Cumner

Opinion of the Court

C. Allen, J.

The assurances contained in the two latest letters were conditional, and there was no evidence of the defendant’s ability to pay. Randidge v. Lyman, 124 Mass. 361. The plaintiff, however, places his reliance on the letter of August 18, 1878, which contained the following: “I shall pay you all and the interest, but you will have to give me time.” We *104regard this rather as an expression of the defendant’s intention and expectation, than as a distinct and unequivocal promise, such as is necessary to support an action. United Society v. Winkley, 7 Gray, 460.

Judgment affirmed.

Reference

Full Case Name
Noah Elwell v. J. T. Cumner
Cited By
15 cases
Status
Published