Millage v. Churchill

I cannot agree with the majority opinion.

First, — It was error to reject the testimony of Carl Millage. There was nothing in his testimony that did not show the circumstances under which the deed in question was prepared and executed. It is true of all contracts that they not only may but ought to be construed in the light of the circumstances of their execution, — and to that end oral testimony is always competent. Killgore v. Cranmer, 35 Colo. 485, 487, 84 Pac. 70; Messenger v. German American Ins. Co., 47 Colo. 448, 453, 107 Pac. 643. I agree that it was right to exclude testimony as to…