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" Wheely and others, the court say, "the canal having been made under an Act of Parliament, the rights of the plaintiffs are derived entirely from that Act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms... "
Reports of Cases Argued and Adjudged in the Supreme Court of the United States - Page 560
by United States. Supreme Court - 1837
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 72

New Jersey. Court of Chancery - Law reports, digests, etc - 1909 - 1076 pages
...grants of franchises by the public to a private corporation the established rule of construction is that any ambiguity in the terms of the contract must operate against the corporation and in favor of the public. The corporation takes nothing that is not clearly given by...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, John Leycester Adolphus - Law reports, digests, etc - 1832 - 1068 pages
...and the public, the terms of which are expressed by the statute : and the rule of construction is, that any ambiguity in the terms of the contract must operate against the company of adventurers, and in favour of the public. The proprietors, therefore, can claim nothing...
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Documents Printed by Order of the Senate

Massachusetts. General Court. Senate - 1833 - 806 pages
...given but a little more than a year since. " This, like many other cases," says the chief justice, " is a bargain between a company of adventurers and...ambiguity in the terms of the contract must operate in favor of the public, and the plaintiffs can claim nothing which is not clearly given to them by...
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New Cases in the Court of Common Pleas, and Other Courts: With ..., Volume 2

Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1836 - 856 pages
...in the Stourbridge Canal Company v. Wheeley (c) Lord Tenterden says, " This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in a statute; and the rule of construction in all such cases is now fully established to be this, —...
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Reports of Cases Relating to the Duty and Office of ..., Issue 15, Volume 3

Great Britain. Court of King's Bench - Justices of the peace - 1838 - 818 pages
...considered as a bargain between the proprietors and the public, and that the rule of construction is, that any ambiguity in the terms of the contract must operate against the proprietors, and in favour of the public. Suppose the whole of the canal and the adjacent lands should...
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Cases Relating to Railways and Canals: Argued and Adjudged in the ..., Volume 3

Canals - 1846 - 956 pages
...toll is derived entirely from the act; and is to be considered as if tliere was a bargain between them and the public, the terms of which are expressed in the statute; and the rule of construction is, that any ambiguity in the terms of the contract must operate against the Company of adventurers,...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volume 3

Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...derived entirely from the act ; and it is to be considered, as if there was a bargain between them and the public, the terms of which are expressed in the statute ; and the rule of -construction is, that any ambiguity in the terms of the contract must operate against the сошpany of adventurers,...
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A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., Volume 1

Thomas Starkie - Evidence (Law) - 1842 - 1186 pages
...and the public, the terms of which are expressed by the statute ; and the rule of construction is, that any ambiguity in the terms of the contract must operate against the company of the adventurers, and in favour of the public. The proprietors therefore can claim nothing...
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The Law Times, Volume 2

Law - 1844 - 546 pages
...Parliament, the rights of the plaintiffs are derived entirely from that Act. This, like n:»ny other cases, is a bargain between a company of adventurers and...terms of which are expressed in the statute ; and the role of construction in all such cases is now fully established to be this, — that any ambiguity...
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A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - Legal maxims - 1845 - 544 pages
...benefit of a canal, railway, or other company, it has been observed, that this, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed and set forth in the act, and the rule of •construction in all such cases is now fully established...
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