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Essays and addresses

Doctor Mitchell sued and succeeded at the trial.

The matter came to be decided in the Ap- pellate Division of the Supreme Court, of which I have the honor to be a member.

I add here so much of my judgment as is not of interest to lawyers only: "Riddell, : This appeal involves the interpreta- tion of a contract of very common occurrence.

Were it a case of less importance, I should be content to adopt without further comment the conclusions of the learned trial judge, and so dismiss this appeal.

But the advance of knowledge raises and will con- tinue to raise novel contentions : and what is a com- monplace at one time becomes a matter of great con- troversy at another.

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