Jeske v. Hotz Manufacturing Co.

Both appellants contend that the court erred as to certain findings, conclusions of law, and certain provisions of the judgment. It is apparent that the written instruments, Exhibits 1 and 2 set out in the foregoing statement, are ambiguous. Aided by oral testimony, the tfial court held that said instruments should be construed together and SO' construing them, held that it was the intention of the parties thereto that said instruments should constitute a sale of all the merchantable timber four inches and over in diameter to the plaintiff Jeske and a mortgage from Jeske to defendants Hotz…