Ulrich v. Wm. S. and Alice Grimes

Opinion by

Porter, P. J.,

This is an appeal from a decree of the court below enjoining the defendants from obstructing an 18-foot wide alley, adjoining and bounding defendants’ lots, or interfering with the use of said alley, as a right of way, appurtenant to the property of the plaintiff.

We have in this appeal twenty assignments of error, most of which refer to the admission of oral testimony upon the trial of the case in the court below. In construing contracts it is altogether proper to consider the circumstances existing at the time and the subject-matter with which the parties dealt. It…