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Gold/Mining/Energy : Winspear Resources
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To: maintenance who wrote (18627)4/27/1999 2:31:00 PM
From: Gord Bolton  Read Replies (2) of 26850
 
Agreed-Aber does make that claim in their documents. Aber also claim that during the year prior they elected to not participate in the winter JV program and Winspear asked them to put it in writing.
Making a claim about what someone said is different than proving a claim. And where a written contract is in place and signed by both parties it will superceed what anyone claims they thought other party said.
Just put yourself in the Judges chair and imagine that you will hear 300 such cases. Or for that matter imagine that you are on the Supreme Court and may oversee thousands of such cases. THe rule is that where there is a written contract-that will be the primary reference in terms of what the parties intended-even if both parties thought that it meant something else.
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