Brown v. Fales
Massachusetts Supreme Judicial Court
Contract, in four counts. The second count alleged that, on January 17,1881, the plaintiff was duly appointed administratrix of the estate of Walter R. Brown, and was duly qualified and entered upon the duties of said trust; that, within two months from the time of her said appointment and qualification, the defendant made a claim upon her for twelve shares of the capital stock of the Calumet and Hecla Mining Company, as due from said estate to the defendant; that the…
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Contract, in four counts. The second count alleged that, on January 17,1881, the plaintiff was duly appointed administratrix of the estate of Walter R. Brown, and was duly qualified and entered upon the duties of said trust; that, within two months from the time of her said appointment and qualification, the defendant made a claim upon her for twelve shares of the capital stock of the Calumet and Hecla Mining Company, as due from said estate to the defendant; that the plaintiff, being ignorant of the legality of the defendant’s claim, and not finding such stock among the effects of her…
1Opinion of the CourtC. Allen, J.
Where the language of a contract is equivocal in itself, or is made so by proof of extrinsic circumstances, so that it is susceptible of more than one construction, oral evidence is competent to show the situation of the parties, and to enable the court to be surrounded by the same circumstances as the parties were, and to look at the contract in the same light as they did, *27and thus to aid the court in applying and construing the language of the contract; subject of course to this limitation, that the meaning thus arrived at must be consistent with a meaning which the words themselves bear.…
2Cases cited2 opinions
- Mansfield v. EdwardsMassachusetts Supreme Judicial Court · 1883
- Russell v. LathropMassachusetts Supreme Judicial Court · 1875
3Cited by18 opinions
- Klebe v. United StatesSupreme Court of the United States · 1923
- Boswell v. Zephyr Lines, Inc.Massachusetts Supreme Judicial Court · 1993
- Zarum v. Brass Mill Materials Corp.Massachusetts Supreme Judicial Court · 1956
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
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