Fry v. Hawley
Supreme Court of Florida
The Hon. Thomas Douglas, Judge of the Eastern Circuit, •and the Hon. J. Wayles Baker, Judge of the Middle Circuit, sat at the hearing of this case, in the place of Justices Thompson and Semmes, who had been of counsel in the cause.
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The Hon. Thomas Douglas, Judge of the Eastern Circuit, •and the Hon. J. Wayles Baker, Judge of the Middle Circuit, sat at the hearing of this case, in the place of Justices Thompson and Semmes, who had been of counsel in the cause. The following statement of the case was made by Douglas, Justice, who delivered the opinion of the Court:— This suit was instituted by Daniel Fry, the complainant, against Nelson Hawley, Benjamin Allen and Benjamin S. Hawley, defendants, to obtain the specific execution of a •contract. The facts are as follows: viz : one Henry Allen and the defendant, Nelson…
1Opinion of the CourtDouglas, Justice
This case has been fully argued by the counsel /or the *275respective parties, and the questions presented for our consideration are, what interest the complainant is entitled to in the said steamboat, and what share of her nett profits he ought to receive.
It is admitted that every contract, deriving its force from the mutual assent of the parties, is to be interpreted according to the intention of the parties, so far as it is legal, and mutually understood. Chitty on Contracts, pages 148, 149, 1st edition, sections 228, 231, and that exposition is to be upon the whole contract, and not upon…
2Cited by15 opinions
- Belcher v. BelcherSupreme Court of Florida · 1972
- Warner v. GodingSupreme Court of Florida · 1926
- McNair & Wade Land Co. v. AdamsSupreme Court of Florida · 1907
- Florida East Coast Railway Co. v. GeigerSupreme Court of Florida · 1914
- Blackshear Manufacturing Co. v. FralickSupreme Court of Florida · 1925
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