H. & R. Truck Leasing Corp. v. Allen

“There is no surer way to find out what parties meant, than to see what they have done. Self-interest stimulates the mind to activity, and sharpens its perspicacity.” Insurance Co. v. Dutcher (1877); 95 U. S. 269, 273, 24 L. Ed. 410.

Even though the written option is somewhat ambiguous, the conduct of the parties (or their counsel) in this case vigorously establishes that the parties intended to sell by the acre. During the entire negotiations there was never any discussion of a gross sales price. The parties may have individually calculated what the total expenditure or receipt would be, but…