Pappas v. Bever

219 N.W.2d 720 · Supreme Court of Iowa · 1974

Facts

Philip Bissonnette signed a pledge form stating "I intend to subscribe" $5,000 to Charles City College, paying $2,000 before the college closed and his death. The college's receiver sued his estate for the balance, but no extrinsic evidence was presented to clarify the pledge's meaning. The trial court found the instrument alone insufficient to show the pledge was obligatory.

Issue

Is a written pledge stating "I intend to subscribe" legally obligatory and enforceable when no extrinsic evidence is offered to interpret the parties' intent?

Holding

The court affirmed that the pledge form, standing alone, was insufficient to establish a legally obligatory promise, thus denying enforcement against the estate.

Rule

Words expressing a future intention, when standing alone, do not constitute a promise and therefore do not create a legal obligation. A mere expression of intention is not a promise, and doubtful language in a written instrument is construed against the party who selected it.

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