Potter v. . Miller

Tbe first issue was as follows: “Was tbe deed delivered and accepted by tbe plaintiffs with knowledge of tbe outstanding life estate, and with tbe agreement tbat tbe life estate and possession should be afterwards acquired?” It was agreed by tbe parties tbat this issue be answered “Yes.”

On tbe whole record we can find no sufficient evidence whatever to be considered by a jury on tbe second issue. It is well said by Mr. Justice Connor, in Strickland v. Shearon, ante, 560: “When parties to a contract have expressed their agreement in terms that are explicit and plain of meaning — that is, when…