Topic: the minds of the parties should meet upon all the terms, as… · Go Syfert
← All topics

Topic #20664

6 canonical passages across 5 cases, quoted by 20 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Onyx Oils & Resins, Inc. v. Moss.

#Case FlagCanonical passage Citers
1 Onyx Oils & Resins, Inc. v. Moss Anchor
pa · 1951
green “the minds of the parties should meet upon all the terms, as well as the subject- matter, of the agreement.” 5
2 In Re Estate of Dex
pasuperct · 1991
green “courts are not permitted to determine what they think the testator might or would have desired under the existing circumstances, or even what they think the testator meant to say.” 3
3 Earle's Estate
pa · 1938
green “the expression 'proceeds of such sale,' as used by testatrix, can refer only to the net proceeds, namely, the sum which the executors received after the encumbrances and the costs and expenses of the sale had been deducted from the selling price of the property.” 3
4 Hannach's Estate
pa · 1938
green “gives effect to all parts of the will and rejects no language as surplusage.” 3
5 Estate of John Hill
pasuperct · 1925
green “it is not essential that the will should contain an express provision that land specifically devised shall not be taken subject to the payment of a mortgage debt; it is sufficient if the will, taken as a whole, clearly implies that such debt is to be paid out of other property.” 3
6 Estate of John Hill
pasuperct · 1925
green “such direction amounts to nothing more than that the debts shall be paid in the manner provided by law.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check