It is a fundamental rule that in the construction of contracts the courts may look not only to the language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when... Notes on the united states reports - Page 8161900Full view - About this book
| United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1955 - 928 pages
...contracts the courts may look not only to the language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made. Dissenting Opinion by Chief Judge Jones In order to so construe... | |
| United States. Supreme Court - Law reports, digests, etc - 1870 - 880 pages
...Courts, in the construction of contracts, look to the language employed, the subject-matter, and the surrounding circumstances; and may avail themselves of the same light which the parties enjoyed when the contract was executed. They are, accordingly, entitled to place themselves in the... | |
| Herbert Broom, Edward Alfred Hadley - Law - 1875 - 858 pages
...Courts, in the construction of contracts, look to the language employed, the subject-matter, and the surrounding circumstances ; and may avail themselves of the same light which the parties enjoyed when the contract was executed. They are, accordingly, entitled to place themselves in the... | |
| Law reports, digests, etc - 1907 - 2170 pages
...contracts the courts may look not only to the language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made." And Nash v. Towne, 6 Wall. (US) 689, 18 L. Ed. 527, where it... | |
| United States. Supreme Court - Law reports, digests, etc - 1883 - 1004 pages
...contracts the courts may look not only to the language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the cons' tract was made. Nash v. Towne, 5 Wall. 689; Barreda v. Silgbee, • 21 How.... | |
| United States. Supreme Court - Law reports, digests, etc - 1883 - 890 pages
...contracts the courts may look not only to the language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made. Nash v. Towne, 5 Wall. 689 ; Barreda v. Silsbee, 21 How. 146,... | |
| Irving Browne - Evidence (Law) - 1893 - 608 pages
...of contracts the courts may look not only tothe language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made. Nash v. Towne, 5 Wall. 689; Barreda v. Silsbee, 21 How. 161 ;... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1909 - 1214 pages
...construction that the courts may look to not only the language employed, but to the subject matter and surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made." And in Beach on Modern Law Contracts, sectiop 702, the author... | |
| United States. Court of Claims - Law reports, digests, etc - 1915 - 840 pages
...contracts the courts may look not only to the language employed, but to the subject matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made. Nash v. Towne, 5 Wall., 689; Barreda v. Silsbee, 21 How., 146,... | |
| Walter Malins Rose - Annotations and citations (Law) - 1917 - 1114 pages
...L. Ed. 533, 2 Sup. Ct. 540, holding that courts may look beyond the language to the subject matter and surrounding circumstances, and may avail themselves...made; Mobile etc. R. Co. v. Jurey, 111 US 592, 28 L. Ed. 530, 4 Sup. Ct. 569. to same effect in construing a bill of lading as not intended to exempt the... | |
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