Legal Opinion

Swett v. Shumway

Massachusetts Supreme Judicial Court

Decided October 15, 1869PublishedCited by 44 opinions

Contract for goods sold and delivered. At the trial in the superior court, before Morton, J., the plaintiffs relied on a written contract, dated September 19,1866, by which it was agreed that the plaintiffs “ shall manufacture and deliver ” to the defendant “ all the horn chains they manufacture,” at certain prices, and the defendant should receive and pay for 5000 yards of the chains after notice to the plaintiffs that he would receive no more goods.

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Contract for goods sold and delivered. At the trial in the superior court, before Morton, J., the plaintiffs relied on a written contract, dated September 19,1866, by which it was agreed that the plaintiffs “ shall manufacture and deliver ” to the defendant “ all the horn chains they manufacture,” at certain prices, and the defendant should receive and pay for 5000 yards of the chains after notice to the plaintiffs that he would receive no more goods. The defendant contended that the chains manufactured under this contract were of a material and of a workmanship inferior to that called for by…

1Opinion of the CourtColt, J.

It is a rule of interpretation, that the intention of the parties to a contract is to be ascertained by applying its terms to the subject matter. The admission of paroi testimony for such purpose does not infringe upon the rule which makes a written instrument the proper and only evidence of the agree*368ment contained in it. Thus, for the purpose of identifying the subject matter to which the written contract relates, paroi testimony of that which was in the minds of the parties, and to which their attention was directed at the time, may be given. It may be shown that a sample, to which the…

2Cases cited2 opinions

  1. Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
  2. Miller v. StevensMassachusetts Supreme Judicial Court · 1868

3Cited by44 opinions

  1. City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
  2. Kennedy Bros. v. BirdMassachusetts Supreme Judicial Court · 1934
  3. Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
  4. Ellis v. HarrisonSupreme Court of Missouri · 1891
  5. Keller v. WebbMassachusetts Supreme Judicial Court · 1878

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