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" When that intention is clearly ascertainable from the writing, effect will be given to the provision, as freely as to any other, where the damages are uncertain in nature or amount or are difficult of ascertainment or where the amount stipulated for is... "
Atomic Energy Commission reports v.2 - Page 565
by United States Atomic Energy Commission - 1966
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Cases Decided in the United States Court of Claims ... with ..., Volume 133

United States. Court of Claims, Audrey Bernhardt - 1956 - 1104 pages
...uses the following language : * * * When that intention is clearly ascertainable from the writing, effect will be given to the provision, as freely as...at or as to imply fraud, mistake, circumvention or oppression. There is no sound reason why persons competent and free to contract may not agree upon...
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Cases Decided in the United States Court of Claims ... with ..., Volume 115

United States. Court of Claims, Audrey Bernhardt - 1950 - 940 pages
...Association v. Moore, 183 US 642, 661. "When that intention is clearly ascertainable from the writing, effect will be given to the provision as freely as to any other * * *. There is no sound reason why persons competent and free to contract may not agree upon this...
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United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ...

United States. Supreme Court - 1919 - 752 pages
...intention of the parties in other respects. When that intention is clearly ascertainable from the writing, effect will be given to the provision, as freely as...at or as to imply fraud, mistake, circumvention or oppression. There is no sound reason why persons competent and free to contract may not agree upon...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 249

United States. Supreme Court - 1919 - 762 pages
...intention of the parties in other respects. When that intention is clearly ascertainable from the writing, effect will be given to the provision, as freely as...at or as to imply fraud, mistake, circumvention or oppression. There is no sound reason why persons competent and free to contract may not agree upon...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1919 - 756 pages
...intention of the parties in other respects. When that intention is clearly awcertainable from the writing, effect will be given to the provision, as freely as to any other, where the damages arc uncertain in nature or amount or are difficult of ascertainment or where the amount stipulated...
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Supreme Court Reporter, Volume 39

United States. Supreme Court - 1920 - 640 pages
...damageĀ« appearing from writing, effect will be given the provision as freely as to any other, where damages are uncertain in nature or amount, or are difficult of ascertainment, or the amount stipulated is not so disproportionate as to show that compensation was not the object, or...
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A Treatise on the Law of Public Contracts

James Francis Donnelly - 1922 - 774 pages
...and reasonable construction of the contract.2 When the true intention of the parties is ascertained, effect will be given to the provision as freely as to any other in the contract, as long as the actual damages are uncertain in their nature or amount or are difficult...
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The Federal Reporter, Volume 274

1922 - 1088 pages
...intention of the parties in other respects. When that intention is clearly ascertaiuable from the writing, effect will be given to the provision, as freely as...at, or as to imply fraud, mistake, circumvention, or oppression. There is no sound reason why persons competent and free to contract may not agree upon...
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The Central Law Journal, Volume 88

1919 - 502 pages
...intention of the parties In other respects. When that intention Is clearly ascertainable from the writing, effect will be given to the provision, as freely as...at or as to imply fraud, mistake, circumvention or oppression. There is no sound reason why persons competent and free to contract may not agree upon...
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Cases on Legal Liability

Joseph Henry Beale - 1920 - 900 pages
...intention of the parties in other respects. When that intention is clearly ascertainable from the writing, effect will be given to the provision, as freely as...at or as to imply fraud, mistake, circumvention or oppression. There is no sound reason why persons competent and free to contract may not agree upon...
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