Legal Opinion

Harten v. Loffler

District of Columbia Court of Appeals

Decided May 7, 1907No. 1727PublishedCited by 10 opinions

Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action for tbe alleged breach of a contract. The Court in tbe opinion stated tbe facts as follows: Tbe appellee, Ernest Loffler, sued tbe appellant, Hugh Harten, for breach of contract. Tbe appellant owned a parcel of land on Brightwood avenue, or 7th street road,. % mile north of Brightwood, in this District.

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Hearing on an appeal by tbe defendant from a judgment of the Supreme Court of the District of Columbia on verdict in an action for tbe alleged breach of a contract. The Court in tbe opinion stated tbe facts as follows: Tbe appellee, Ernest Loffler, sued tbe appellant, Hugh Harten, for breach of contract. Tbe appellant owned a parcel of land on Brightwood avenue, or 7th street road,. % mile north of Brightwood, in this District. He there kept a saloon and country tavern in a building erected on a lot triangular in shape,, fronting 85 feet on 7th street road. As appears in tbe diagram, tbe…

1Opinion of the CourtJustice Mo Comas

The first, sixth, and eighth assignments of error raise the question of the admissibility of the parol testimony we have stated, which tended to show in what sense the word “about” was used in the agreement, and to what property the agreement applied.

The writing in controversy was drawn by an unskilled person. Uncertainty arose concerning the property to which it applied. The court below admitted this parol evidence of the surrounding circumstances and the negotiations preceding and accompanying the execution of the paper, to ascertain and make plain the intent of the parties and the meaning…

2Cases cited6 opinions

  1. Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
  2. Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
  3. Lowber v. BangsSupreme Court of the United States · 1865
  4. Farmer v. . BattsSupreme Court of North Carolina · 1880
  5. Warfield v. BoothCourt of Appeals of Maryland · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Fowler v. A & A Co.District of Columbia Court of Appeals · 1970
  2. Fox v. Johnson & Wimsatt, Inc.Court of Appeals for the D.C. Circuit · 1942
  3. Green v. ObergfellCourt of Appeals for the D.C. Circuit · 1941
  4. Nayereh Sahrapour v. LesRon, LLC and Shaw Centre, LLCDistrict of Columbia Court of Appeals · 2015
  5. Fowler v. a & a COMPANYDistrict of Columbia Court of Appeals · 1970

5 more not listed; retrieve them via the Exa API.

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