Legal Opinion
Barrows v. Leath & Co.
Wisconsin Supreme Court
Decided December 5, 1950PublishedCited by 3 opinions
1Opinion of the CourtBrown, J.
The language of the contract between Otis Elevator Company and the defendant is not technical or otherwise obscure, but is plain and unmistakable. As such it must be construed according to the ordinary meaning of the words and evidence of extrinsic circumstances is excluded. Milwaukee County v. Badger Chair & Furn. Co. (1936), 223 Wis. 118, 126, 269 N. W. 659; Schuhknecht v. Rohers (1927), 192 Wis. 275, 212 N. W. 657; Deree v. Reliable Tool & Machine, Inc. (1947), 250 Wis. 224, 26 N. W. (2d) 673. The construction of such a contract is a matter of law for the court. Payne v. Payne (1906), 129…
2Cases cited4 opinions
- Schuhknecht v. RobersWisconsin Supreme Court · 1927
- Milwaukee County v. Badger Chair & Furniture Co.Wisconsin Supreme Court · 1936
- Deree v. Reliable Tool & MacHine, Inc.Wisconsin Supreme Court · 1947
- Payne v. PayneWisconsin Supreme Court · 1906
3Cited by3 opinions
- Umnus v. Wisconsin Public Service Corp.Wisconsin Supreme Court · 1952
- J. R. Whitlow v. Seaboard Air Line Railroad Company and Western Union Telegraph CompanyCourt of Appeals for the Fourth Circuit · 1955
- Umnus v. Wisconsin Public Service Corp.Wisconsin Supreme Court · 1952