Lance v. Mann

Opinion by

Mr. Justice Horace Stern,

We have here the not unfamiliar problem of applying the provisions of a contract to a situation which the parties did not contemplate at the time they entered into the agreement. In such a case the solution must be sought from a study of the surrounding circumstances, the situation of the parties, the objects they apparently had in view, and the nature of the subject-matter of the contract: Slonaker v. P. C. Publishing Co., 338 Pa. 292, 296, 13 A. 2d 48, 50, 51; Hindman v. Forren, 353 Pa. 33, 35, 44 A. 2d 241, 242.

On June 12, 1942, plaintiff and defendant…