Randel v. President of Chesapeake & Delaware Canal
Superior Court of Delaware
Covenant. Narr. Pleas. Replications. Demurrers. Friday, November 29th 1833. This case came up for argument on the demurrers to the second and third counts of the declaration; the demurrers to the seventh and eighth counts having been argued at the last term. (See ante 151.) The argument was conducted by Frame, Attorney General; Bayard and Jones for defts.j the demurrants; and Clayton, Rogers, Read, jr., and Ingersoll, for the plff. It occupied six days.
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Covenant. Narr. Pleas. Replications. Demurrers. Friday, November 29th 1833. This case came up for argument on the demurrers to the second and third counts of the declaration; the demurrers to the seventh and eighth counts having been argued at the last term. (See ante 151.) The argument was conducted by Frame, Attorney General; Bayard and Jones for defts.j the demurrants; and Clayton, Rogers, Read, jr., and Ingersoll, for the plff. It occupied six days. The contract declared on is set out at length in the report of the former argument, ante 151, &c. The declaration contained eight counts.…
1Opinion of the Court
Chief Justice Clayton delivered the following opinion of the court.
Clayton, Ch. J.
To put the true construction on the contract between John Handel and the Chesapeake and Delaware Canal Company, it will be necessary to look through the whole instrument, to see its general nature and design, in order to discover what was the real meaning and intention of the parties; and when we have gathered from it that intention, it must be the rule of our decision. No settled form of words is necessary to create a covenant. Any words in a sealed instrument by which a party manifests an intention to become…
2Cases cited2 opinions
- Attorney General v. Bank of MichiganMichigan Court of Chancery · 1841
- Richardson v. GoldenU.S. Circuit Court for the District of Pennsylvania · 1811
3Cited by4 opinions
- Graham v. State Farm Mutual Automobile InsuranceSupreme Court of Delaware · 1989
- Pettinaro Construction Co. v. Harry C. Partridge, Jr., & Sons, Inc.Court of Chancery of Delaware · 1979
- Pullman, Incorporated v. Phoenix Steel CorporationSuperior Court of Delaware · 1973
- E. M. Fleischmann Lumber Corp. v. Resources Corp. InternationalDistrict Court, D. Delaware · 1953