Keller v. Webb
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to purchase certain black lead. At the trial in the Superior Court, before Rockwell, J., the following letter from the plaintiff to the defendants was in evidence : “ When we had the pleasure of your visit a short time since, you stated that you would report on your return to Boston, in regard to the contract for about 600 casks of Crown double hammer No. 1, Amalia Mine, German black lead, for next year.
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Contract for breach of an agreement to purchase certain black lead. At the trial in the Superior Court, before Rockwell, J., the following letter from the plaintiff to the defendants was in evidence : “ When we had the pleasure of your visit a short time since, you stated that you would report on your return to Boston, in regard to the contract for about 600 casks of Crown double hammer No. 1, Amalia Mine, German black lead, for next year. According to last quotations, we could import the lead at $1.70 gold per 100 lbs. in shipments of 100 casks per month (probably from the 1st April next),…
1Opinion of the CourtColt, J.
The intention of the parties to a contract is ascertained by applying its terms to the subject matter. Parol evidence is admissible for the purpose of removing any ambiguity which arises in so applying a written contract. The admission of paroi evidence for such purpose does not violate the rule which makes the written instrument the proper and only evidence of the agreement. If the previous negotiations make it manifest in what sense the terms of the contract are used, such negotiations may be resorted to as furnishing the best definition to be applied in ascertaining the intention of the…
2Cases cited3 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Swett v. ShumwayMassachusetts Supreme Judicial Court · 1869
- Miller v. StevensMassachusetts Supreme Judicial Court · 1868
3Cited by40 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Goldenberg v. TaglinoMassachusetts Supreme Judicial Court · 1914
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
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