Hawley v. Brumagim
California Supreme Court
Appeal from the District Oourt, Fifteenth Judicial District, City and County of San Francisco. This was an action against the defendant, as administrator of George Peck, deceased, who in his lifetime sold to the plaintiff “ twenty-five shares of Sumner stock, upon Peck’s warranty that the stock shall he worth and marketable in San Francisco at two hundred dollars per share on November 27th, 1864.” The contract was in writing, and was in the terms following, to wit: . “ David…
Read the full summary
Appeal from the District Oourt, Fifteenth Judicial District, City and County of San Francisco. This was an action against the defendant, as administrator of George Peck, deceased, who in his lifetime sold to the plaintiff “ twenty-five shares of Sumner stock, upon Peck’s warranty that the stock shall he worth and marketable in San Francisco at two hundred dollars per share on November 27th, 1864.” The contract was in writing, and was in the terms following, to wit: . “ David N. Hawley has this day purchased of me twenty-five shares of the Sumner Gold and Silver Mining Company, located in Cove…
1Opinion of the Court
By the Court, Sanderson, J.:
We cannot agree with counsel for the appellant as to the construction of thé contract. Its language is not at all ambiguous, but of plain and obvious import. In such a case we can but follow the language of the contract. We are not permitted to insert words not put there by the parties themselves. To do so would be to make contracts, not to read them. The agreement on the part of Peck is not only in terms not “ on or before ” the 27th day of November, 1864, but the agreement on the part of Hawley shows, with all the certainty of a direct statement, that the words “…
2Cited by9 opinions
- In Re HainesCalifornia Supreme Court · 1925
- Smith v. San Francisco & North Pacific Railway Co.California Supreme Court · 1897
- Hook v. HoffmanArizona Supreme Court · 1915
- Pierce v. MerrillCalifornia Supreme Court · 1900
- Atkins v. GambleCalifornia Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.