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" 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 816
1900
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Cases Decided in the United States Court of Claims ... with ..., Volume 129

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...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 5

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...
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Commentaries on the Laws of England, Volume 2

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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 151-152

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...
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Supreme Court Reporter, Volume 2

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....
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United States Reports, Supreme Court: Cases Argued and Adjudged ..., Volume 17

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,...
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A Treatise on the Admissibility of Parol Evidence in Respect to Written ...

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 ;...
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The American State Reports: Containing the Cases of General ..., Volume 125

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...
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Reports from the Court of Claims Submitted to the House of ..., Volume 49

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,...
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Rose's Notes on the United States Supreme Court Reports: (2 Dallas ..., Book 5

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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