Dale v. Smith
Court of Chancery of Delaware
Bill for specific performance.—The complainant, Dale, by a written article of agreement, dated the 26th of September, 1812, contracted to sell and convey to the defendants, Terrapin and Smith, a tract of land in Hew Castle County; the written agreement being as follows, viz:L “ Articles of Agreement,made and concluded on this 26th “ day of September 1812, between Richard C. Dale of the “ State of Delaware, of the one part, and Joseph Terrapin “ of the State of Hew Jersey,…
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Bill for specific performance.—The complainant, Dale, by a written article of agreement, dated the 26th of September, 1812, contracted to sell and convey to the defendants, Terrapin and Smith, a tract of land in Hew Castle County; the written agreement being as follows, viz:L “ Articles of Agreement,made and concluded on this 26th “ day of September 1812, between Richard C. Dale of the “ State of Delaware, of the one part, and Joseph Terrapin “ of the State of Hew Jersey, and Rowland Smith, of the “ State of Pennsylvania, of the other part, witness, that the “ said Richard C. Dale, for the…
1Opinion of the Court
Ridoely, Chancellor.
The articles • of agreement, signed by the complainant on the 26th of September, together with the deed referred to, furnish the only' guide by which the real contract of the parties can be ascertained. The intention of the parties must be sought there. The complainant’s counsel rightly observed, that this is a question of intention and construction ; but then, the intention must be discovered from the construction of the articles.- And further, the deed of Drinker and wife to Colgate, of the 7th September 1771, became part of the agreement, and the extent of the agreement…
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- Keene Corporation v. HoofeCourt of Chancery of Delaware · 1970
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