Donayre v. Jones
Donayre v. Jones
Opinion of the Court
The plaintiff assigns as error the entry of summary judgment in favor of the defendant by the trial court. In support of this assignment, the plaintiff contends that a genuine issue of material fact exists as to the amount of his losses and, thus, the resulting liability of the defendant. We do not agree.
The parties agree that the defendant obligated himself to accept “liability for all losses incurred in [the plaintiff’s] purchase of December 26, 1972 six pack beyond the initial $3,000.00 you in
The issue of the defendant’s liability vel non rests upon the intention of the parties at the time he wrote the letter of 19 December 1972 accepting liability for losses. The intention of the parties at that time must be determined “from the expressions used, the subject matter, the end in view, the purpose sought and the situation of the parties at the time.” Electric Co. v. Insurance Co., 229 N.C. 518, 520, 50 S.E. 2d 295, 297 (1948). The plaintiff contends that, when viewed in this context, the defendant’s letter constituted an acceptance of liability for any fluctuation in the value of the commodities options which were detrimental to the plaintiff. The defendant contends, however, that the wording of the letter was properly construed as imposing liability upon him only in the event of a margin call resulting in the plaintiff’s being required to make an additional cash outlay of all or part of the $2,000 carried on margin account.
It is true, of course, that the letter of 19 June 1972 did not express in specific terms this limitation of the defendant’s liability to possible additional cash outlays which might be required of the plaintiff. However, our courts will imply such limitations where, as here, from the language of the contract and the circumstances under which it is entered, it may be inferred that the parties must have intended the stipulation in question. The policy of the law is to supply in contracts that presumed to have been deemed obvious by the parties. Lane v. Scarborough, 284 N.C. 407, 410-11, 200 S.E. 2d 622, 624 (1973). To construe the defendant’s letter of 19 December 1972 as an agreement to be held liable for fluctuations in the value of commodity options detrimental to the plaintiff would make him liable for all such detrimental variations resulting from the daily fluctuations in the value of the commodities options in question during the entire period they were held by the plaintiff. We think it may be presumed to have been deemed obvious by the parties that the defendant did not accept liability for so-called “paper losses”
We base our holding upon the defendant’s letter of 19 December 1972 taken within the context of a transaction in commodity options as alleged in the plaintiffs complaint. We note that those portions of the defendant’s affidavit in support of his motion for summary judgment, which are uncontested by the plaintiff, tend to support our interpretation. We have found it unnecessary to rely upon the affidavits of either party but have considered them for the purpose of determining whether they raise material issues of fact. We have determined they do not.
The trial court properly concluded that there was no genuine issue as to any material fact, and that the defendant was entitled to summary judgment as a matter of law. The judgment of the trial court must be and is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.