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· 10/15/1875

Pratt v. Canton Cotton Co.

Citations

  • 51 Miss. 470

Syllabus

<p>1. Contracts : Construction thereof.</p> <p>It is legitimate for the court to look to the circumstances attending the contracting parties, as well as the terms of the contract itself, to learn the purposes and objects contemplated, as aids to a correct understanding of a particular part supposed to be equivocal and doubtful.</p> <p>3. Subscriptions : Release thereof.</p> <p>It is well settled that where subscriptions to public improvements are made with reference to their location, any subsequent material change of location, without the consent of the subscriber, releases the subscription, as the location as made, or agreed to be made, may have been the consideration of the subscription.</p> <p>3. Same: 0ase in judgment.</p> <p>The stockholders and parties in interest having construed the 5th article as directing the office and place of business to be located in Canton, and not as referring to the manufacturing site and buildings; and this construction being warranted by the language used, should be adopted by the courts.</p>

Judges: Simball

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