Johnson v. Geddes
Utah Supreme Court
Appeal from District Court, Third District; Eon. Geo. G. Armstrong, Judge. . Action by Silas F. Johnson and another against Theron Geddes and others. Judgment for plaintiffs. Defendants appeal.
1DissentStraup, C. J.
I dissent. True, the court cannot make a new contract for parties. It, however, is required to construe and give effect to those made by them. The intention of the parties as expressed in language employed by them of course must govern. The several contracts being parts of one transaction should be read together and construed with reference to each other and to the subject to which they relate and with which they deal.
The defendants purchased from the plaintiffs seven mining claims lying in the vicinity of other claims from which pay ore was being shipped, some of great value. When purchased,…
2Cases cited4 opinions
- Sears v. WrightSupreme Judicial Court of Maine · 1844
- Smithers v. JunkerU.S. Circuit Court for the Northern District of Illnois · 1889
- Gisborn v. Charter Oak Life InsuranceSupreme Court of the United States · 1892
- Consolidated Arizona Smelting Co. v. HinchmanCourt of Appeals for the First Circuit · 1914