Haven v. Brown
Supreme Judicial Court of Maine
This was an action of trespass quare clausum fregit, for cutting timber trees on the land of the plaintiffs ; which the defendants justified under an alleged license.
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This was an action of trespass quare clausum fregit, for cutting timber trees on the land of the plaintiffs ; which the defendants justified under an alleged license. In support of the justification, the defendants produced a bond signed by the plaintiffs by William C. Whitney, Esq. their agent conditioned, upon the payment of the purchase-money, to give them a deed of a tract of land, being the lot numbered five in the second range of lots in Ilebron, according to the new survey, containing one hundred acres more or less ; bounded beginning at a certain hemlock tree, and from thence “ a…
1Opinion of the Court
The opinion of the Court was read at the ensuing October term as drawn up by
Parris J.
If a written contract be perfect in itself, and be capable of a clear and intelligible exposition from the terms of which it is composed, it cannot be contradicted or varied by oral testimony upon the principle that the language used by the parties in their contract is the best evidence of their intent.
In this case the language of the written instrument is the principal subject of controversy; the one party contending that the literal reading is “ south western course to the old line,” the other, that it is “…
2Cases cited2 opinions
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1830
- Fowle v. BigelowMassachusetts Supreme Judicial Court · 1813
3Cited by3 opinions
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Maxson v. Michigan Central RailroadMichigan Supreme Court · 1898
- Orsen Et Ux. v. SiegleOregon Supreme Court · 1942