76 Mo. App. 532 | Mo. Ct. App. | 1898
The plaintiffs are citizens of Chillieothe, Missouri. The defendant is a water company of said city, plaintiffs and others being its patrons. Plaintiffs seek to enjoin defendant from refusing to furnish them water according to the terms of the contract (as claimed by plaintiffs) between defendant and
The whole question turns on the proper construction of this contract. Plaintiffs contend that the words “annual water rates,” at the beginning, apply to the entire schedule. Defendant contends that they have not that effect. Its contention is that there are words of the contract, which, when considered alone, leave it ambiguous; but when construed with the whole contract, in connection with oral evidence, become clear and are plainly antagonistic to plaintiff’s interpretation.
In Davis & Rankin v. Hendrix, 59 Mo. App. 444, we hold that the words “we agree,” did not import' a joint obligation on the signers of a contract, when the whole paper, in the light of the purpose and object of the contract, disclosed an intention to be bound severally. There can scarcely be a doubt of the correctness of this statement of the law. Many cases cited in
Having shown that the words, “annual water rates,” were not intended to control the schedule which follows, and no other time rate being mentioned, it becomes necessary to ascertain what time should be applied to the meter rates. Plaintiffs contend it should be annual and the defendant that it should be daily, to be ascertained by the whole measurement for. a
The face of the contract itself is ambiguous as to these opposing views of the parties. In such case it becomes necessary for the court to resort to oral testimony as an aid in ascertaining the intent of the parties. The intention of the parties must govern. And here the testimony is abundant to support the court’s finding that the defendant’s contention was the meaning intended to be expressed by the parties. The contract itself shows this view to be much more reasonable than plaintiffs’ contrary view. The patrons of the company had meters put in and connected with the defendant’s water supply. These meters must be examined by the defendant in order to ascertain what quantity, if any, was being consumed by different patrons. It would be out of all reason to suppose that defendant would agree to keep up an inspection of a meter, and a water supply at all times in readiness, in case it was wanted, to find at the end of a year that nothing had been consumed and therefore nothing was due.
The contract contains no rate or provision for a charge where the quantity consumed is less than an average of one hundred gallons daily. The defendant then, being ungoverned by contract, might reasonably charge for the use of a less quantity, a proportionate price to one hundred gallons daily, the smallest quantity provided for. Neither does the contract provide for a charge for inspecting the meter, etc., when the
The result is that we must affirm the judgment and it is so ordered.