Marks Bros. v. Goossen

The contract in writing between defendant L. A. Goossen and Lanham-McTighe Company speaks for itself, as it is not ambiguous. It is to be considered as a whole in the light of the surrounding circumstances.

It will be seen that the contract provided that Lanham-McTighe Company were to erect the building at a cost to defendant not exceeding $8,000; anything in excess of that sum was to be borne by Lanham-McTighe Company, and defendant was to have the benefit of any less amount. Lan-ham-McTighe Company were to be paid eleven per cent, of the cost price, subject to such limitation to cover…