Mellen v. Ford
United States Circuit Court
Attachment Case. This case was removed from the state court, where it was in form a bill in equity, but in fa,ct a suit at law upon the contract, attaching the effects of a non-resident. By consent the parties did not replead, and by stipulation the case was tried by the court without a jury.
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Attachment Case. This case was removed from the state court, where it was in form a bill in equity, but in fa,ct a suit at law upon the contract, attaching the effects of a non-resident. By consent the parties did not replead, and by stipulation the case was tried by the court without a jury. The contract involved was a building contract, and the facts are stated in the opinion ,• but, as it is a construction of the language of the instrument, the whole document is inserted here, in order to aid in understanding the rulings of the court. “Exhibit A to Bill. “On the thirtieth of April, 1884, a…
1Opinion of the CourtHammond, J.
The reliance of the defendants on the written contract is well founded. The affairs of men would be unstable beyond endurance if, after reducing their agreements to writing, the courts permitted thóm to wrangle over all the circumstances preceding and subsequent to the 'writing in a struggle for some interpretation, more or less favorable to the one side or the other, of words that are elastic enough to excite the ingenuity of the parties or their counsel. And it may be remarked that very few of the words of our language, in use in the ordinary commercial dealings of men with each other, have…
2Cases cited17 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Walls v. . BaileyNew York Court of Appeals · 1872
- Canal Co. v. HillSupreme Court of the United States · 1872
- Bank v. KennedySupreme Court of the United States · 1873
- Barry v. CoombeSupreme Court of the United States · 1828
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