Salt Lake City v. Smith
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. E. L. Dubois and. Joseph Williams made a contract with Salt Lake City on March 10, 1891, to furnish the materials and perform .the necessary work, except that required to make the excavations, to construct a covered conduit for the purpose of leading the waters of Parley’s creek from a point in Parley’s canon to Salt Lake City, — a distance of about six miles.
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In Error to the Circuit Court of the United States for the District of Utah. E. L. Dubois and. Joseph Williams made a contract with Salt Lake City on March 10, 1891, to furnish the materials and perform .the necessary work, except that required to make the excavations, to construct a covered conduit for the purpose of leading the waters of Parley’s creek from a point in Parley’s canon to Salt Lake City, — a distance of about six miles. After they had entered upon the performance -of this undertaking, and before they completed it, they assigned their contract and their claim against the city…
1Opinion of the CourtSanborn, Circuit Judge
The purpose of a written contract is to evidence the terms on which the. minds of the parties to it met when they made it, and the ascertainment of those terms, and the sense in which the parties to the agreement used them when they agreed to them, is the great desideratum and the true end of all contractual interpretation. The express terms of an agreement may not be abrogated, nullified, or modified by parol testimony; but, when their construction or extent is in question, the meaning of the terms upon which the minds of the parties met when they settled them and their intention in using…
2Cases cited14 opinions
- Ex Parte FISKSupreme Court of the United States · 1885
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- City of Elgin v. JoslynIllinois Supreme Court · 1891
- County of Cook v. HarmsIllinois Supreme Court · 1883
- Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Pressed Steel Car Co. v. Eastern Ry. Co.Court of Appeals for the Eighth Circuit · 1903
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
85 more not listed; retrieve them via the Exa API.