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Hazard versus Thomas C. Durant correspondence from Samuel R. Honey, Newport, R.I., 1875-1885
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In the unsigned memorandum (Schedule F) "J. P. Hazard and others agree to discontinue and settle the two suits in the state of Rhode-Island &c." Here is an inconsistency. - It might well be argued that if Hazard did (as we allege) agree to discontinue the suits, he would not (as it is clear he did) insist on your liability not to violate the injunction. I fear that as between two agreements one signed and the other not, the court would give a preference to the one that was signed: - supposing them to have been agreed on simultaneously. But if you can swear (what Gov. Van Zandt says is a fact) that the signed agreement was executed before the terms of the other were agreed on, that clears up the difficulty and I think we can convince the court that the second agreement was intended as a substitute for, and to enlarge the significance of the former
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In the unsigned memorandum (Schedule F) "J. P. Hazard and others agree to discontinue and settle the two suits in the state of Rhode-Island &c." Here is an inconsistency. - It might well be argued that if Hazard did (as we allege) agree to discontinue the suits, he would not (as it is clear he did) insist on your liability not to violate the injunction. I fear that as between two agreements one signed and the other not, the court would give a preference to the one that was signed: - supposing them to have been agreed on simultaneously. But if you can swear (what Gov. Van Zandt says is a fact) that the signed agreement was executed before the terms of the other were agreed on, that clears up the difficulty and I think we can convince the court that the second agreement was intended as a substitute for, and to enlarge the significance of the former
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