Standard Sewing-Mach. Co. v. Leslie
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. The defendant in error, Arthur M. Leslie, brought an action in assumpsit against the plaintiff in error, the Standard Sewing-Machine Company, formerly the Leslie Sewing-Machine Company, upon the following contract: “Whereas, Arthur M. Leslie and the Leslie Sewing-Machine Company, both of the city of Cleveland, Ohio, did upon April 1, 1884, enter into a contract touching the use of…
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In Error to the Circuit Court of the United States for the Northern District of Illinois. The defendant in error, Arthur M. Leslie, brought an action in assumpsit against the plaintiff in error, the Standard Sewing-Machine Company, formerly the Leslie Sewing-Machine Company, upon the following contract: “Whereas, Arthur M. Leslie and the Leslie Sewing-Machine Company, both of the city of Cleveland, Ohio, did upon April 1, 1884, enter into a contract touching the use of certain letters patent for improvements in sewing machines, under which contract said Leslie assigned to Charles H. Bulkley,…
1Opinion of the CourtJenkins, Circuit Judge
It is undoubtedly true that proof of the circumstances out.of which, the contract grew, and which surrounded its adoption, may be proven to ascertain its subject-matter and the standpoint of the parties in relation to it, where the language of the contract is obscure or doubtful; but such evidence cannot be received to vary .the contract by addition or substitution. West v. Smith, 101 U. S. 263-271; Union Stock-Yards & Transit Co. v. Western Land & Cattle Co., 18 U. S. App. 438, 453, 7 C. C. A. 660, and 59 Fed. 49. Possibly, under the doctrine of these cases, the trial court should have…
2Cases cited4 opinions
- West v. SmithSupreme Court of the United States · 1879
- Bast v. BankSupreme Court of the United States · 1879
- Union Stock-Yards & Transit Co. v. Western Land & Cattle Co.Court of Appeals for the Seventh Circuit · 1893
- Crimp v. McCormick Const. Co.Court of Appeals for the Seventh Circuit · 1896
3Cited by2 opinions
- Standard Sewing Mach. Co. v. LeslieCourt of Appeals for the Seventh Circuit · 1902
- Harding v. TaubelCourt of Appeals for the Third Circuit · 1924