Feland v. Berry
Court of Appeals of Kentucky
CASE 44. — ACTION BY R. L. BERRY AGAINST MARY C. FELAND. — Appeal from Lincoln Circuit Court. N. W. Utley, Special Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. If the terms of a written contract are vague, uncertain or ambiguous parol evidence is competent to enable the court to arrive at the meaning of the contract. (Chapman v. Clements, 22 Ky. Law Rep. 17; Craft v. Bates, 20 Ky.
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CASE 44. — ACTION BY R. L. BERRY AGAINST MARY C. FELAND. — Appeal from Lincoln Circuit Court. N. W. Utley, Special Judge. Judgment for plaintiff. Defendant appeals. — POINTS AND AUTHORITIES. 1. If the terms of a written contract are vague, uncertain or ambiguous parol evidence is competent to enable the court to arrive at the meaning of the contract. (Chapman v. Clements, 22 Ky. Law Rep. 17; Craft v. Bates, 20 Ky. Law Rep. 1413; Marshall v. Piles, 3 Bush 252.) 2. And the court may consider the situation and surroundings of the parties in order to arrive at their real intentions. (Cram v.…
1Opinion of the Court
Opinion of the Court by
Judge Settle-
Affirming.
The appellant, Mary C. Feland, is the owner of and -resides upon a valuable farm in Lincoln county. Her husband being an invalid, appellant, in October, 1905, induced the appellee, R. L. Berry, her son-in-law, then a resident of Bath county, to remove to her farm and cultivate 175 acres thereof in the year 1906, under the following contmit: “This contract entered into between Mrs. A. M. Feland, party of the first part, and R. L. Berry, party of the second part, said Mrs. Feland rents to R. L. Berry 175 acres of land more or less to cultivate 100…
2Cases cited3 opinions
- Bluegrass Cordage Co. v. Luthy & Co.Court of Appeals of Kentucky · 1896
- Elizabethtown & Paducah Railroad v. PottingerCourt of Appeals of Kentucky · 1873
- Illinois Central R. R. v. NelsonCourt of Appeals of Kentucky · 1906
3Cited by7 opinions
- Pulaski Stave Co. v. Miller's Creek Lumber Co.Court of Appeals of Kentucky · 1910
- Long v. American Surety Co.North Dakota Supreme Court · 1912
- McKibbin v. PierceCourt of Appeals of Texas · 1916
- Stevens & Elkins v. Lewis, Wilson, Hicks Co.Court of Appeals of Kentucky · 1916
- Hogg v. EdleyCourt of Appeals of Kentucky (pre-1976) · 1930
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