Crews v. Yenter

The basic fallacy of the majority opinion is that it fails to recognize, as did the trial court, that a latent ambiguity exists in the deed in question. In such a case extrinsic evidence is admissible to show the intention of the parties and once admitted it must be weighed and used and cannot be ignored and disregarded by the trial court. In cases of this kind where equitable relief is sought by the parties “ * * * no hard and fast rule can be laid down to govern courts of equity.” Stubbs v. Standard Life Association (1952) 125 Colo. 278, 242 P. (2d) 819.

The construction placed upon this…