Ming v. Pratt
Montana Supreme Court
Appeal from District Court, Lewis and Cla/rke County;Henry N. Blake, Judge. Action by Katherine L. Ming against Charles H. Pratt. J udgment for plaintiff. Defendant appeals. The rule is settled that a written contract shall be so inter preted as, if possible, to carry out what the parties meant.
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Appeal from District Court, Lewis and Cla/rke County;Henry N. Blake, Judge. Action by Katherine L. Ming against Charles H. Pratt. J udgment for plaintiff. Defendant appeals. The rule is settled that a written contract shall be so inter preted as, if possible, to carry out what the parties meant. (Bishop on Contracts, Sec. 380; Collins v. Lavelle, 44 Yt. 230; Wolfe v. Scarborough,, 2 Ohio St. 361; Higgins v. Wasgatt, 34 Maine 305.) Contracts will always be construed reasonably, and in accordance with what the evidence shows the subject-matter to be, and the consequent object of the parties to…
1Per curiam
Plaintiff, as executrix of the will of John H. Ming, deceased, owned and conducted an opera house in Helena during the year 1894; defendant was the proprietor and manager of the Marie Tavery Grand English Opera Company. On December 12, 1894, plaintiff and defendant entered into a written contract, by which it was agreed that the Tavery Company should give one performance at plaintiff’s opera house on the 22nd of that month. The only provision of the contract pertinent to the matters considered in this Court is the following:
“It is agreed that Charles H. Pratt, manager of the said Marie Tavery…
2Cases cited2 opinions
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Gaffney Mercantile Co. v. HopkinsMontana Supreme Court · 1898
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- McDaniel v. Hager-Stevenson Oil Co.Montana Supreme Court · 1926
- State ex rel. Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1900
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Matter of Estate of KimballWyoming Supreme Court · 1978
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