Waddell v. DeJet
Mississippi Supreme Court
From the chancery court of Jackson county. Hon. N. C. Hill, Chancellor. Mrs. Margaret DeJet, the appellee, was the complainant in the court below; Mrs. Stella B. Waddell, the appellant, was defendant there.
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From the chancery court of Jackson county. Hon. N. C. Hill, Chancellor. Mrs. Margaret DeJet, the appellee, was the complainant in the court below; Mrs. Stella B. Waddell, the appellant, was defendant there. Mrs. DeJet, in March, 1896, leased her tenement house on the seacoast to Mrs. Waddell for a term of ten years, for an annual rent of $120, payable monthly, the lease providing that the tenant was ‘£ to take good care of said property and return the same to Mrs. DeJet in as good order as it now is, ordinary wear and tear and damage by fire, wind, and water excepted, and make, at her own…
1Opinion of the CourtWhitfield, J.
It is the duty of a court, in construing a contract, to place itself in the situation of the parties at the time the contract was made, and to ascertain their intention from the contract in the light of that situation, looking also to the subject-matter of the contract. So dealing with this contract, we think the clause £ £ damage by fire, wind or water excepted, ’ ’ means, in view of the further stipulation that Mrs. Waddell agreed “to make, at her own expense, all necessary repairs, and not to call on Mrs. DeJet for repairs,” extraordinary damage by fire, wind or water. This harmonizes with…
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