Messinger v. Cox
Idaho Supreme Court
APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action in unlawful detainer. Judgment of dismissal. It is error for the court to construe a written instrument and change its meaning and effect unless it is so uncertain and ambiguous that the meaning thereof cannot be determined.
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APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action in unlawful detainer. Judgment of dismissal. It is error for the court to construe a written instrument and change its meaning and effect unless it is so uncertain and ambiguous that the meaning thereof cannot be determined. (Quirk v. Rich, 40 Mont. 552, 107 Pac. 821; Clark v. Mallory, 185 111. 280, 56 N. E. 1099; Jacobs v. Parodi, 50 Fla. 541, 39 So. 833; Rosen v. Rosen, 159 Mich. 72, 134 Am. St. 712, 123 N. W. 559; Westhaven Water Co. v. Redfield, 58 Conn. 39, 18 Atl.…
1Opinion of the CourtBudge, J.
On September 4, 1915, respondent and one Alice Storey entered into a written agreement of lease, whereby she let to respondent certain agricultural lands, for a term of 5 years, beginning October 1, 1915, and ending October 1, 1920, unless sooner terminated as stipulated in the lease.
Alice Storey on May 18, 1917, sold and conveyed the property to appellants. The deed conveying the premises was filed for record in the office of the county recorder of Nez Perce county on May 31, 1917. On October 16, 1917, appellants served notice on respondent to surrender the premises under the terms of the…
2Cited by9 opinions
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- Ohms v. Church of the NazareneIdaho Supreme Court · 1942
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