100 Mass. 232 | Mass. | 1868
The contract must be construed according to the relation of the parties, and the facts existing at the time, with reference to which it was made. The defendants purchased o.
The parties must be understood as contracting for something in which they had an interest. According to the plaintiff’s view, the transaction would not be such a contract, but a kind of wager as to the amount to be recovered by the bank. The superior court adopted the more just and rational construction; and the plaintiff has no good ground of exception.
Exceptions overruled.