Fowle v. . Kerchner
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1880, of Wake Superior Court, before Graves, J. In this case numerous exceptions were taken in the court below and argued here, but as in the opinion of this court the ease was made to turn upon the construction of the contract betwen the parties, only so much of the case is set out as is necessary to make that part intelligible.
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Civil Action tried at Fall Term, 1880, of Wake Superior Court, before Graves, J. In this case numerous exceptions were taken in the court below and argued here, but as in the opinion of this court the ease was made to turn upon the construction of the contract betwen the parties, only so much of the case is set out as is necessary to make that part intelligible. On the 4th day of May, 1876, the plaintiffs and defendants entered into the following stipulation: “ We, as trustees of the Journal Publishing Company, máke the following proposition .to Messrs. Fowle and Vick, the present owners of…
1Opinion of the Court
Ruffin, J.,
after stating the above. The contract which is the basis of the action, being in writing and its terms therefore fixed, His Honor rightly treated its construction as a matter of law, the determination of which rested with the court. But we are constrained to say that we cannot concur in the interpretation which he placed upon it.
The legitimate aim of all interpretation is not to make a contract for the parties, or to modify the one they have made for themselves, but simply to ascertain their intentions and to-give them effect, if not inconsistent with some policy of the law ; and…
2Cases cited1 opinion
- Murray v. CarothersCourt of Appeals of Kentucky · 1858
3Cited by11 opinions
- Basnight v. Southern Jobbing Co.Supreme Court of North Carolina · 1908
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
- Leroy v. Jacobosky.Supreme Court of North Carolina · 1904
- Globe Yarn Mills, Inc. v. ArmstrongSupreme Court of North Carolina · 1926
- McKeen v. BoothbySupreme Judicial Court of Maine · 1930
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