Patterson v. Baltimore Steam Packet Co.
District Court, D. Maryland
In Admiralty. Libel in personam to recover damages for breach of contract engaging cargo space on steamer.
1Opinion of the CourtMorris, District Judge
(orally). The question for the court to •determine is not what contract might have , been made in the actual or supposed relations of the parties to each other, and as a result of such relations, but what contract the .parties did in fact make. This .was a commercial transaction, and commercial contracts, made by correspondence in the pressure of business, and not under advice of ■counsel, must receive a liberal construction to carry out the real intention of the parties; and in ascertaining this intention it is important to note, from their acts and declarations while the contract was in…
2Cited by3 opinions
- Furness, Withy & Co. v. RandallCourt of Appeals of Maryland · 1914
- Baltimore Steam-Packet Co. v. PattersonCourt of Appeals for the Fourth Circuit · 1901
- Graham v. Oregon R. & Navigation Co.District Court, S.D. New York · 1905