Federal Decisions 5

Cover Federal Decisions 5
Federal Decisions 5
United States. Supreme Court
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A proposition, from which flow consequences so unreasonable, must itself be re- garded as of that character. Where parties intend to contract by parol, and there is a misunderstanding as to the terms, neither is bound, because their minds have not met* Baldwin v, Mildeberger, 2 Hall, 176. Where there is a Avritten contract, and a like misunderstanding is developed, a court of equity will refuse to execute it. Coles v. Bowne, 10 Paige, 534; Calverley v. Will- iams, 1 Yes. Jr., 211, If a contract
... be unreasonable and unconscionable, but not void for fraud, a court of law will give to the party who sues for its breach damages, not according to its letter, but only such as he is equitably entitled to. James v. Morgan, 1 Lev., Ill; Thornborow v. Whitacre, 2 Ld. Raym., 1164; Baxter v. Wales, 12 Mass., 365. But it is unnecessary to invoke the aid of anj'thing outside of the contract itself. Its interpretation presents no ques- tion for our consideration. That the proper construction ^as been given to it, we think is equally clear.

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