Reed v. Hobbs
Illinois Supreme Court
This was an action of covenant commenced by the appellee against the appellants in the Sangamon Circuit Court, upon the following agreement: “ This article of agreement, made and entered into this 24th day of January, A. D. 1838, between Joshua S. Hobbs, of the county of Sangamon, and State of Illinois, of the first part, and Calhoun, Early, & Co., of the county and State aforesaid, of the second part, — Witnesseth, that the said Hobbs, of the first part, for, and in…
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This was an action of covenant commenced by the appellee against the appellants in the Sangamon Circuit Court, upon the following agreement: “ This article of agreement, made and entered into this 24th day of January, A. D. 1838, between Joshua S. Hobbs, of the county of Sangamon, and State of Illinois, of the first part, and Calhoun, Early, & Co., of the county and State aforesaid, of the second part, — Witnesseth, that the said Hobbs, of the first part, for, and in consideration of, the covenants and agreement hereinafter contained, have covenanted and agreed, and do hereby covenant and…
1Opinion of the CourtSmith, Justice
The Circuit judge erred in this case, in refusing to permit the witness, the engineer upon the road, to answer this question, which was asked by the defendants : “ Whether or not there had been any excavation executed by Hobbs, in the meaning of that term as applied to the work in the contract ? ” Nothing is more certain, where terms of art are used in contracts, if there be any doubt as to the sense in which they are used, and ought to be applied, that resort is to be had to the opinion of professional men, to ascertain the technical meaning attached to them by those most conversant with…
2Cases cited1 opinion
- Dunham v. MacomberNew York Supreme Court · 1830
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