Coles v. Morrison

*835,'Opinion op the Court by

Judge McCandless

Affirming.

In a written contract executed by the parties, September 16,1920, F. B. Morrison, subject to certain reservations therein named, undertook to manufacture into cross-ties all the available timber upon certain lands of Frank Coles, and deliver same at the railway station. He engaged a number of men with teams and prosecuted the work until about the first of April, 1921, when Coles stopped Mm.

Morrison sued, alleging that the written contract was ambiguous and seeking damage for its breach according to Ms construction. Coles denied the ambiguity…