Richmond Land Co. v. Watson
Missouri Court of Appeals
Appeal from Miller Circuit Court. — Hon. Wm. H. Martin, Judge. (3) If a Avriting admits the construction placed on it by the parties to it, that construction will prevail. Rose v. Carbonating Co., 60 M'o. App. 32. A written .instrument means whatever the parties to it intend that it shall import. There is probably no safer guide to lead up to its proper construction than the acts of the parties themselves.
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Appeal from Miller Circuit Court. — Hon. Wm. H. Martin, Judge. (3) If a Avriting admits the construction placed on it by the parties to it, that construction will prevail. Rose v. Carbonating Co., 60 M'o. App. 32. A written .instrument means whatever the parties to it intend that it shall import. There is probably no safer guide to lead up to its proper construction than the acts of the parties themselves. Price’s Heirs v. Evans, 26 Mo. 49; Gas Light Co. v. St. Louis, 46 Mo. 128; Fuller Bros. Co. v. Fidelity & C. Co., 94 Mo. App. 496. (3) When a contract is not clear, and is subject to…
1Opinion of the CourtBroaddus, P. J.
The plaintiff sues to recover the value of certain timber which it is alleged defendant cut and removed from plaintiff’s land. The defendant Watson, who was the owner of the land from which the timber was taken on the 23d day of August, 1905, sold and conveyed it to J. Wood Davis. The defendant , inserted the following reservation in his deed: “Reserving all white and post oak timber suitable for railroad crossties, to be cut and removed within six months from date.” Davis sold and conveyed on September 5, 1905, all of said land to plaintiff. On the 24th of February', 1906, and thereafter,…
2Cases cited2 opinions
- Keeton v. AudsleySupreme Court of Missouri · 1854
- Girard Life Insurance v. MangoldMissouri Court of Appeals · 1902
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