192 A.2d 50 | Conn. Super. Ct. | 1963
This is an action, brought against the defendant Harold M. Rischall, seeking to hold him personally liable on a promissory note, in the amount of $590, which is dated April 9, 1962. The question presented is whether he is liable personally on the note. He signed the note in manner and form as follows: "Rischall Electric Co., Inc., [and under this designation] Harold M. Rischall."
The Rischall Electric Company, Inc., was a corporation which had been in business for more than twenty years. In the course of its business, certain lightning rods were ordered from the plaintiff in order to fill a contract for electrical work in a low-cost housing project. The note in question was prepared at the direction of Harold M. Rischall, hereinafter called the defendant, and none of its terms were demanded or suggested by the plaintiff.
In the course of the trial, the question of interpretation of the word "we" as used in the note was raised. Objection was made that such evidence was inadmissible under the parol evidence rule. The objection was sustained, not for the reasons stated, but because any attempt to describe the meaning of the word "we" would be, at best, self serving. Where the parties have reduced their agreement to a writing, their intention is to be determined from its language and not on the basis of any intention either may have secretly entertained. Didriksen v.Havens,
The decision must be based upon the terms of §
Other cases based upon parallel facts and decided in Connecticut were brought under the provisions of § 39-21 (repealed), and Austin, Nichols Co. v.Gross, supra, considered that statute in great detail. See Meyers v. Maglaris,
For the reasons stated above, the issues are found for the plaintiff, and the claim of the defendant that *402 he is not personally liable is overruled. Interest has been expressly waived by the plaintiff. The note calls for the payment of a reasonable attorney's fee, and the sum of $168 is a reasonable fee.
Accordingly, judgment may enter for the plaintiff to recover from the defendant the sum of $590, damages, and a reasonable attorney's fee of $168, or a total to be recovered of $758 and its costs.
The suit against Rischall Electric Company, Inc., has been withdrawn and is not considered here.