Citizens State Bank v. Lockwood
North Dakota Supreme Court
Appeal from the District Court of Pierce County; Buttz, Special •Judge. Where there is no ambiguity in the language of the contract, the language itself must be alone consulted in ascertaining the intention. '20 Cyc. 1423, 1424; Manhattan Rolling Mill v. Dellon, 113 N. Y. Supp. 571. But where the court and the lawyers on both sides of the case fail to agree on what the contract means, under such circumstances oral testimony was admissible to throw light upon its meaning.
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Appeal from the District Court of Pierce County; Buttz, Special •Judge. Where there is no ambiguity in the language of the contract, the language itself must be alone consulted in ascertaining the intention. '20 Cyc. 1423, 1424; Manhattan Rolling Mill v. Dellon, 113 N. Y. Supp. 571. But where the court and the lawyers on both sides of the case fail to agree on what the contract means, under such circumstances oral testimony was admissible to throw light upon its meaning. Hazelton Boiler Co. v. Fargo Gas & Electric Co. 4 N. D. 376, 61 N. W. 151; Code, § 5354; Heidenheimer y. Cleveland, — Tex.…
1Opinion of the CourtGoss, J.
This action is brought upon contract upon an alleged written guaranty. It reads as follows:
This agreement made and entered into this 29th day of September, a. d. 1911, by and between A. M. Iverson and J. H. Lockwood, of Rugby, North Dakota, now owners of the Citizens State Bank of Rugby, *387parties of the first part, and Harold Thorson, of Drake, North Dakota, party of the second part,
Witnesseth, That the said parties of the first part for and in consideration of the sum of Eight Thousand Dollars to them in hand paid in Bills Receivable of the said Bank, such as the party of the second part may…
2Cases cited9 opinions
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- Bell v. BruenSupreme Court of the United States · 1843
- London & San Francisco Bank, Ltd. v. ParrottCalifornia Supreme Court · 1899
- White's Bank of Buffalo v. MylesNew York Court of Appeals · 1878
- Crane Co. v. SpechtNebraska Supreme Court · 1894
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