Cunningham v. Washburn
Massachusetts Supreme Judicial Court
Contract against W. A. Washburn and Frederick E. Abbott, upon an instrument under seal, dated October 15, 1871, and signed by the plaintiff and the defendants, reciting that the de-. fendants were the owners of certain land in the city of Worcester, with a cottage standing thereon, which the defendants desired to remove to another part of the land, and providing as follows: “ Now, therefore, said Cunningham, being a practical carpenter and building mover, in consideration of…
Read the full summary
Contract against W. A. Washburn and Frederick E. Abbott, upon an instrument under seal, dated October 15, 1871, and signed by the plaintiff and the defendants, reciting that the de-. fendants were the owners of certain land in the city of Worcester, with a cottage standing thereon, which the defendants desired to remove to another part of the land, and providing as follows: “ Now, therefore, said Cunningham, being a practical carpenter and building mover, in consideration of four hundred and fifty dollars being paid to him, promises and agrees to move said building back upon the rear part of…
1Opinion of the CourtDevens, J.
The legal interpretation of a contract is for the court, which is to determine, where the words are unequivocal in their meaning, what it imports, and what are the obligations imposed by it. As, however, words and phrases are often used, which are technical or ambiguous, and sometimes, also, those which, although not in themselves unintelligib’e, require knowledge of the subject, in connection with which ¿hey are used, to apply them intelligibly, it may become necessary to resort to extrinsic evidence to ascertain thereby the intent of the parties in using them, in order that the contract may…
2Cited by9 opinions
- Ingalls v. Hastings & Sons Publishing Co.Massachusetts Supreme Judicial Court · 1939
- King v. HansonNorth Dakota Supreme Court · 1904
- O'Connor v. West Sacramento Co.California Supreme Court · 1922
- Previews, Inc. v. EveretsMassachusetts Supreme Judicial Court · 1950
- Mills v. Roto Co.Supreme Court of Connecticut · 1926
4 more not listed; retrieve them via the Exa API.