Kelleher v. Fong, 108 Me. 181 (1911)

Citation: Kelleher v. Fong, 108 Me. 181 (1911)
Parent Document: Kelleher v. Fong, 108 Me. 181 (1911)
Jurisdiction: Maine (state)
Effective Date: 1911-04-03
Original Source: https://www.courtlistener.com/opinion/5118903/kelleher-v-fong/ ↗

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But it is contended by the learned counsel for the plaintiff that the great weight of authority in other jurisdictions is opposed to the doctrines laid down by the Maine court in the cases above quoted. It has been seen, however, that the decisions of this court in those cases were not influenced by the medievalism of the law or controlled by any arbitrary legal dogmas. It was obviously not the purpose of the court to establish any inflexible rules of law but *188simply to reach the conclusion that would effectuate the intention of the parties to the several written agreements there under consideration, without violating any established principles of law or considerations of public policy. And this court is still of opinion that a doctrine which enables the court to give effect to the intention of the parties as shown by the language of the written agreement, the circumstances attending it and the object to be accomplished by it, will be found more consonant, with reason and justice than one which compels the court to defeat that intention.

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