The following excerpt is from C.H. Pope & Co., Inc. v. Bibb Mfg. Co., 290 F. 586 (2nd Cir. 1923):
There are undoubtedly cases where it is for the jury to say, not only what the parties meant, but whether they ever made a contract at all, or modified it. Zimmerman v. Girardi, 74 F. 686, 21 C.C.A. 1. But this is not such a case.
Judgment affirmed, with costs.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.