Oliver Wendell Holmes, Jr.

“ But it was held by the circuit court of appeals that the jury should have been allowed to find whether the defendants had knowledge of the conditions and reasonable expectation that they would continue, and so had waived the warranty. For this reason the judgment was reversed. 122 C. C. A. 346, 204 Fed. 32.
When a policy of insurance is issued, the import of the transaction, as everyone understands, is that the document embodies the contract. It is the dominant, as it purports to be the only and entire, expression of the parties' intent. ”

“ No rational theory of contract can be made that does not hold the assured to know the contents of the instrument to which he seeks to hold the other party. The assured also knows better than the insurers the condition of his premises, even if the insurers have been notified of the facts. ”

“ If he brings to the making of his contract the modest intelligence of the prudent man, he will perceive the incompatibility between the requirement of 100 feet clear space and the possibilities of his yard, in a case like this, and will make a different contract, either by striking out the clause or shortening the distance or otherwise, as may be agreed. The distance of 100 feet that was written into this policy was not a fixed, conventional formula that there would be trouble in changing, if the insured would pay what more, if anything, it mirht cost. ”