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Home > Reports of Cases Decided in the Supreme Court of the State of South Dakota (Volume 30): (English)
Reports of Cases Decided in the Supreme Court of the State of South Dakota (Volume 30): (English)

Reports of Cases Decided in the Supreme Court of the State of South Dakota (Volume 30): (English)

          
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About the Book

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1913. Not illustrated. Excerpt: ... pressed in the words they "have used must govern. Greater regard is to be had to the clear intent of the parties than to anv particular words which they may have used in the expression of their intent. If the words used clearly show the intent, there is-no need for applying any technical rules of construction, for, where there is no doubt, there is no room for construction." Id. 587 (H). "To determine the intention of the parties if the meaning is not clear, it is necessary that regard shall be had to the nature of the instrument itself, the condition of the parties executing it, and the objects which they had in view, for which purpose parol evidence is admissible. This rule does not apply, however, where the language of the contract leaves no doubt as to the meaning of the parties, but in such a case the contract is to be construed without regard to extraneous facts." Id. 591 (K). "The question of the meaning of a written contract is ordinarilv one of law for the court, and not one of fact for the jury; but, where the construction of a written contract depends upon extrinsic facts as to which there is a dispute, its construction is a mixed question of law and fact, and is for the jury under proper instructions from the court." In the application of these elementary rules to the case before us, the first question is whether the language used is clear, . and leaves no doubt as to the meaning and intent of the parties. By the contract the grantee agrees to pay for the land in "cash or by accepted mortgage." It is to be assumed from the contract that the plaintiff intended to sell, and the defendant intended to buy, the lands described, and that defendant intended to pay for the lands in some manner. The contract says, "in cash or by accepted mortgage." What did th...


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Product Details
  • ISBN-13: 9781153954495
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 258
  • Series Title: English
  • Weight: 467 gr
  • ISBN-10: 1153954494
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 14 mm
  • Width: 189 mm


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Reports of Cases Decided in the Supreme Court of the State of South Dakota (Volume 30): (English)
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