Peirce Phelps, Inc. v. Lucas
Peirce Phelps, Inc. v. Lucas
Opinion of the Court
The opinion of the court was delivered
The plaintiff seeks recovery from the defendant Mae Lucas for merchandise delivered to the defendant Steve Lucas, Jr., pursuant to the following instrument addressed and delivered to it:
“We, the undersigned, hereby request you to open a charge account for us so that we, either of us, may obtain goods and services on credit, and in consideration of your doing so, we agree with you to pay any and all sums due by us for merchandise sold and delivered to us, or either of us, for all services performed for us, or either of us.
Signed and Delivered June 3, 1949
Steve Lucas, Jr. (SEAL)
Mae Lucas (SEAL)
Witnessed by:
A. P. Ulley”
On cross-motions below the court entered summary judgment against the defendant Steve Lucas, Jr., and in favor of defendant Mae Lucas. Eo appeal has been taken by Steve Lucas, Jr., but the plaintiff has duly appealed from the judgment for Mae Lucas. Although some conflicting inferences may be drawn from the affidavits submitted below, those on plaintiff’s behalf, which must be accepted for present purposes, set forth the following:
The sole question presented is whether the lower court was justified upon the foregoing showing in entering judgment for the defendant Mae Lucas in advance of trial; we are satisfied that it was not. Cf. Templeton v. Glen Rock 11 N. J. Super. 1 (App. Div. 1950). The plaintiff contends that the instrument dated June 3, 1949, contemplated that both defendants would be responsible for all merchandise delivered on credit pursuant thereto without regard to which individual defendant actually ordered and received the merchandise. If it receives such construction, then the plaintiff’s showing would appear sufficient to call upon the defendant Mae Lucas for her affirmative defenses, if any. See Atlantic Pebble Co. v. Lehigh Valley R. R. Go., 89 N. J. L. 336, 342 (E. & A. 1916). Cf. Williston, Contracts (Rev. ed. 1936), § 69. On the other hand if it is construed to impose liability only upon the person who actually ordered and received the merchandise then, upon the plaintiff’s showing, the defendant Mae Lucas would not be liable. While the plaintiff’s position has been advanced with much force we are satisfied that the construction of the instrument must await trial. At that time extrinsic evidence will be admissible to aid in ascertaining the meaning of the instrument. Corn Exchange, &c., Phila., v. Taubel, 113 N. J. L. 605, 610 (E. & A. 1934); New York Sash, &c., Inc., v. National House, &c., Inc., 131
Reversed with costs to abide the event of trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.