Andrews v. Stulb & Vorhauer

There is a distinction between a present lease and an executory contract to make a lease in the future. Whether a contract contained in a written instrument, or in letters between the parties, is of the one character or the other depends upon the intention of the parties. This intention is primarily to be drawn from the writing itself; and if the written contract clearly and unambiguously shows the intention of the parties to be of the one character or of the other, it is conclusive. But if the written contract is ambiguous or so lacking in clearness as-to be open to construction by the aid…