Del., L. W.R.R. Co. v. . Bowns

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The Superior Court of New York, in reversing the judgment of the referee, gave effect to the clause in the conditions of sale, making a part of the agreement between the parties, that "every effort will be made by the company (the plaintiffs) for the fulfillment of its contracts for the delivery of coal," unauthorized by any just or reasonable interpretation of the contract. They disregarded not only the qualification of the clause immediately following it, and…