Kirkpatrick v. McMillan

BICKLEY, Justice.

The plaintiffs being the owners of some very rough land, heavily covered with mesquite and tornillo, made a written contract with defendant containing, among other things, the following recital:

“That said tract of land is very rough, and the owners desire it to be leveled so it can be put in crops, and to that end have contracted with the above named contractor to grub, clear, and level the said land, as mutually agreed upon, so it can be cultivated, and to that end agree as follows (Emphasis supplied.)

Then follow specific agreements as to how the main object is to be…