Thomas v. Gumaer
New York Supreme Court
Demurrer to declaration. The plaintiff declared in covenant, setting forth that by certain articles of agreement made between Gumaer and Allen as his security of the first part, and the plaintiff of the second part, the defendants covenanted to sell and deliver to him 5000 cedar rails, to be delivered on,&c. at, &c.; and that he covenanted to pay to Gumaer $50 per thousand, &c.; and after averring performance on his part, the plaintiff alleged that the defendants did not…
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Demurrer to declaration. The plaintiff declared in covenant, setting forth that by certain articles of agreement made between Gumaer and Allen as his security of the first part, and the plaintiff of the second part, the defendants covenanted to sell and deliver to him 5000 cedar rails, to be delivered on,&c. at, &c.; and that he covenanted to pay to Gumaer $50 per thousand, &c.; and after averring performance on his part, the plaintiff alleged that the defendants did not deliver the rails, &c. The defendant, Gumaer, craves oyer of the agreement, and sets it forth, whereby it appears that the…
1Opinion of the Court
*44 By the Court,
Savage, Ch. J.
In administering justice, courts must examine the contracts of parties and ascertain what was their intention, and then enforce that intention, if lawful. There is no ambiguity about the commencement ot contract; Gumaer was to furnish the rails and deliver them, and Thomas was to pay for them. Then follows the conclusion, that for the performance of these covenants ‘ we bind ourselvesnot the parties to the above contract, but we, the subscribers. Hence it follows that Rowland Allen bound himself as surety, for the faithful performance of the covenants and…
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- Standard Underground Cable Co. v. StoneAppellate Division of the Supreme Court of the State of New York · 1898
- Thompson v. CoffmanOregon Supreme Court · 1888
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