Gill & Fisher, Ltd. v. O'Rourke

Citations

• 6 Pa. Super. 605
• 1898 Pa. Super. LEXIS 210

Syllabus

<p>Evidence — Construction of writings — Province of court.</p> <p>Where a printed rule of the commercial exchange and a written notice purporting to be given thereunder are in the case, it is the duty of the court to construe them and determine the rights and duties arising therefrom.</p> <p>Contract — Default under mies of the exchange — Notice construed.</p> <p>Where a rule of the exchange, of which the parties to the suit are members, required a vendor, on receiving written notice that a default on a contract was intended, to sell on or before the first open board thereafter, a letter from the vendee to the vendor, which states, “ So far as we are concerned deal is off,” is a notice under this rule irrespective of the reasons given for such default. The vendee was not bound to give any reasons, hence the reasons, when given, do not enter into the case for either consideration by the jury or construction by the court.</p>