L. W. Smith & Co. v. Romadka

Appellants’ counsel argues that the words used in the contract, “whose name you have filed with me in writing,” require respondent to deliver a written list of names to appellants for their permanent record. Several cases are cited relating to documents, such as chattel mortgages and corporate articles of organization, required by law to be filed with a governmental agency for the purpose of making them a matter of public record.

Here there is no public relationship involved and no statutory requirements for filing. The law governing the relationship between parties to a contract such as this…