The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be 'instinct with an obligation,' imperfectly expressed. If that is so, there is a contract.
More from Benjamin N. Cardozo
The defendant styles herself 'a creator of fashions.' Her favor helps a sale. Manufacturers of dresses, millinery and like articles are glad to pay for a certi…
Permalink to quote #2 Justice is not to be taken by storm. She is to be wooed by slow advances. Substitute statute for decision, and you shift the center of authority, but add no qu…
Permalink to quote #4 Membership in the bar is a privilege burdened with conditions.
Permalink to quote #1