Merrick v. Webster
Michigan Supreme Court
Error to the Wayne Circuit Court. This was an action of assumpsit, brought by the defendants in error, in the Wayne Circuit Court, against the plaintiffs in error, members of a transportation company, doing business under the name and style of the “ Syracuse a/nd Oswego Lime? to recover the value of certain goods lost on lake Erie.
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Error to the Wayne Circuit Court. This was an action of assumpsit, brought by the defendants in error, in the Wayne Circuit Court, against the plaintiffs in error, members of a transportation company, doing business under the name and style of the “ Syracuse a/nd Oswego Lime? to recover the value of certain goods lost on lake Erie. The plaintiffs in the Court below, declared upon a written contract signed by the parties, in which the defendants'below agreed to transport heavy goods for the plaintiffs from the city of New York to the city of Detroit, from and after the 10th day of June, 1852,…
1Opinion of the Court
By the Court,
Pratt, J.
The main question in this case for decision by the Court is,, whether the Court below gave a correct legal construction to *274the agreement declared on and introduced in evidence on the trial.
It is true, that Court?, in the legal interpretation of contracts, should seek for the real intention of the parties, and for that purpose may, where the language is ambiguous or otherwise uncertain, read the contract in the light of surrounding circumstances, and those legal aids furnished by elementary writers and judicial decisions in analogous cases. But the terms used in an…
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- The IndrapuraDistrict Court, D. Oregon · 1909
- O. K. Transfer & Storage Co. v. NeillSupreme Court of Oklahoma · 1916
- McKahan v. American Express Co.Massachusetts Supreme Judicial Court · 1911
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