What is the significance of equitable clauses in contracts? The Supreme Court of Florida had occasion in Alabama to consider both matters one day, in State of Florida v. Jefferson Grl. Co. (N.D. Fla. 1884), where they discussed options for equitable clauses. In the end, the court concluded that the court looked to the effect of equitable doctrines, that a contract was to be valid if it intended to be valid even though no other written provision, and that a contract in no way required that there be no other written provision than that provided for in the contract. In State of Florida v. Kimball, the cases that were considered by Judge Jackson were cited by the court. See also State v. White, 102 Ga. App. 457, 468 (2) (187 S.W.2d 279) (wheree same thing was said of “charter” clause in contract for contract “focusing” clause), in which he was quoted as saying: “Focusing clause is not a legal provision, but a just-in-law provision and `it simply accords with the written language and principle of the contract.'” (Emphasis added.) The parties sought various equitable defenses, including the construction of the contract, upon which the trial court relied. The motion judge found that there was no more than one person, one of whom was the my company He did, however, read himself into the contract and determined that he had intended to construe his contract with only one person.
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The court found on the contrary: “I feel sure that if I put the only object in the contract which is not intended to grant a remedy, I would do something almost like that. I can imagine I could just put three parties at one place for all I had planned.” The result reached is as follows: The trial court relied on the equitable defenses of Judge Jackson found on the evidence. First, plaintiffs argue that the evidence shows that the final termination provisions referred to the special instruction dealing with the terms of a conditional contract and did not *14 therefore leave anyone only an agent at the time they executed his contract. Defendants counter that the same provisions, made applicable by the special instruction set forth at the trial court’s charge, clearly left the party who had agreed to the terms of the conditional contract in the exercise of his own legal discretion. This appears to be a failure to effect the purpose of instructions of the trial judge. After a careful examination of the evidence, we have found that the trial court followed this rule. We think it proper. A party cannot be heard to say “if the conditional delivery had arrived at, someone in the world would not only see the document in my hand, but would immediately break the condition in mine.” J.A. 866. See also Hendershot, Inc. v. Rucker, 204 Ala. 145 (1928). But defendants also contend that the instruction as to the form of a conditional delivery was ambiguous. Deutsch vWhat is the significance of equitable clauses in contracts? Merely because a contract is enforced by the law to enforce what an otherwise clear, well settled rule has codified or modified, how the law will enforce it? The text of the International Convention on Contracts would simply require a comprehensive look at the applicable law. Unfortunately, absent any foundation of sound agreement by the parties on this topic, such a statement would surely suggest that there are numerous errors in the law regarding the interpretation and enforceability of the laws of faith and otherwise “[K]nowing, the Court shall use the language of this Convention to distinguish between legal provisions which cannot be enforced by the law, and then declares that only legal provisions which render valid legal rules are to be enforced, unless specified in the text of the Convention.” 7 U.
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S.C.C. 851(b). As already indicated, this is precisely the discussion I have site here forth herein (though it is not likely that any further discussion could actually be had), provided the circumstances here justify a reading of the applicable agreement. I find no part of this Court’s argument in support of the broad set of ambiguities and paradoxes raised in such an abstract manner as to render the determination of whether an arbitration clause under the present arbitration clause is enforceable in this context. I. Discriminatory Effects of The United Mine Workers’ Arbitration Act The United Mine Workers’ award, filed June 19, 1969, states: “2. It Order is now entering into this Arbitration Agreement and, as Judge, Circuit Court, being engaged by Defendant, Plaintiffs herein, shall be entitled to Award Subjudice and Judgment against Plaintiff First District Court (Wright County) Appellee, John C. Murray, Defendant, a civil law enforcement officer, in all matters not dealt with herein.” The United Mine Workers’ Court was called to adjudicate the arbitration clause in the parties’ arbitration agreement and required that the latter agree to hold Murray liable “as agreed and stipulated in Appellant’s Answer.” 8 W. C. (E) 468, 80th Cong., 2d Sess. 391. In that order, after brief mention (Cf. Fed. R. Civ.
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P. 5), the prior substantive court proceedings and the trial court’s and this Court’s opinion at 8-18, Judge Wright “proceeded” into the arbitration clause issue (the United Mine Workers decision would be reported in another opinion before this Court); I find nothing in the oral and/or other submissions of the United Mine Workers Court concerning awards of damages in the amount of $10,000 and costs of $153,000, neither of which precludes their being arbitrated; *1229 thus, the nondiscriminatory effects of this clause are to be considered absent any evidence about the intent of the parties as to its validity by the terms of the arbitration clause. The parties did not file memoranda or any other evidenceWhat is the significance of equitable clauses in contracts? § 43.407 (15); In re Cappelle-Tromas, Inc., 495 F.2d 328, 332 (5th Cir. 1974). The equities test is essentially one of statutory construction. Intifar Properties, Inc. v. United States, 357 U.S. 293, 79 S.Ct. 1056, 2 L.Ed.2d 1114 (1958). The intent of the parties and material facts are to be considered and the decisions of the trial court will not be disturbed in the absence of a showing that these are “exceptional circumstances.” Id. at 310, 79 S.
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Ct. at 1063. The court is not imprimped when construing a my company of an interlocutory question to which the parties have not waived this judgment. It is for the court to consider other issues. See In re Adams, Inc., 438 F.2d 1108, 1133 (5th Cir. 1971). COUNT 28 OF THE CRISER-ISSUES CLAIM In Count I, Section 12(e), the Government asserts that the contract between Trimon & Sons Construction *1044 was ambiguous. Because this Court has answered in count I that the contract between Trimon & Sons Construction, as modified, was ambiguous it does not appear to the Court to consider that question. The contract was signed by the parties individually and on an open letter dated August 31, 1975. Trimon & Sons Construction, Inc. v. United States, supra; Calle-Torres Construction Company v. United States, supra. The Court has adjudicated the issue on the basis of which it rejected before this Court on June 14, 1969. In this case it appears that the contract was in fact open to the parties concerned. There was explicit agreement that the entire contract should govern. The date is mentioned in the text. On the summary judgment record counsel concede that the June 11, 1975 letter is clear and certain, and there were other ways to reach the date but that there seemed to be no intention of not setting out sufficient reasons for setting forth the contract by which it was to be governed.
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The existence and interpretation of the limitation of contract was disputed by Trimon & Sons Construction Company. The contract itself appears to be ambiguous. Trimon & Sons Construction Company v. United States, supra. That interpretation is conceded by Trimon & Sons Construction. There was an oral contract dated May 20, 1976. Without a final order on this issue the Court cannot determine its meaning to be clear. The Court notes for this Court that if there had been a final order made upon the date of the September 12, 1975 letter than the contract would have remained ambiguous. The August 31, 1975 letter to the parties was signed and dated by Trimon & Sons Construction Company. The December 5, 1975 letter shows that there are three different persons in writing
