Settle v. Winters
Idaho Supreme Court
APPEAL from District Court, Alturas County. It is immaterial that the parties call the contract a lease if it shows a sale was intended. The intent is to be gathered from the whole instrument, and, when so ascertained, it is to be carried out, though the name given to it and particular clauses tend to show a different intent. (Chase v. Bradley, 36 Me. 531; Merrill v. Gore, 39 Me. 346; Warren v. Merrifield, 8 Met.
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APPEAL from District Court, Alturas County. It is immaterial that the parties call the contract a lease if it shows a sale was intended. The intent is to be gathered from the whole instrument, and, when so ascertained, it is to be carried out, though the name given to it and particular clauses tend to show a different intent. (Chase v. Bradley, 36 Me. 531; Merrill v. Gore, 39 Me. 346; Warren v. Merrifield, 8 Met. (Mass.) 96; District Tp. v. Dubuque, 7 Iowa,'375; Salmon Falls Mfg. Co. v. Portsmouth Co., 46 N. H. 349'; Deryford v. Davis, 103 TJ. S. 335, 343, 344; Nightingale ¶. Barens, 47 Wis.…
1Opinion of the CourtHays, C. J.
This case has been prepared with great care, and presented with marked ability on each side. It is conceded that the contract upon which this action is based was drawn by one of the defendants, who is a lawyer; that there was no other attorney present, or to be procured, at the time and place where it was drawn. Our first duty is to ascertain what the parties themselves meant and understood by the terms of this instrument; for if the intention is plain and clear, we ought, if possible, to give force and effect to their intent.
Heading this contract, then, in the light of surrounding…
2Cases cited7 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Wells v. SmithNew York Court of Chancery · 1837
- Green v. CovillaudCalifornia Supreme Court · 1858
- Jennisons v. LeonardSupreme Court of the United States · 1875
- Phelps v. Illinois Central RailroadIllinois Supreme Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cawston v. SturgisOregon Supreme Court · 1896
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- State v. MoyerWest Virginia Supreme Court · 1905
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
- Snider v. YarbroughMontana Supreme Court · 1911
18 more not listed; retrieve them via the Exa API.