187 A. 801 | Vt. | 1936
The parties executed a written agreement, providing that the defendant "does lease, let" unto the plaintiff defendant's farm in Ferrisburg "with all tools on said farm, and all stock herein named, twenty-nine cows," etc., from March 1, 1934, to February 28, 1935. Each party agreed to "furnish" two horses, and each agreed to pay for one-half of all feed, fertilizer, seed, taxes, etc. The plaintiff agreed to carry on the farm in a good husbandlike manner and to pay as rent one-half of all produce, profits, and increase in stock. The farm was mainly a dairy farm and the principal source of income was from the dairy. Beginning in June, 1934, the cows were tested for tuberculosis, and the result was that fifteen were condemned and had to be disposed of. Only a portion of the condemned cows were replaced by the defendant.
This action is brought to recover for loss of use of cows which the plaintiff claims he should have had during the term. He contends that the defendant should have kept the entire number of twenty-nine good. Verdict was directed for the defendant and the case comes here upon plaintiff's exceptions.
The case turns upon the construction of the contract. There are certain well-established rules for the construction of written instruments to ascertain the intention of the parties. One rule is that it is the duty of the court if possible to construe the instrument so as to give effect to every part, and form from the parts a harmonious whole. Vermont Shade Roller Co. v. BurlingtonTraction Co.,
The situation here is unlike that in Gregory v. Tomlinson,
Here the parties used the words "lease, let" with reference to the cows, but later, with reference to horses, used the word "furnish." The plaintiff had occupied the farm the previous year and the identical cows were then upon the farm. Under the circumstances we are unable to construe the words "lease, let" to mean anything different from their usual sense of a bailment of the cows for hire. Shortsleeves v. Troville,
There is no occasion to consider whether the parties may have placed a practical construction upon the agreement by their conduct, for the language used is clear and unambiguous and its intent cannot be altered by evidence of extraneous circumstances. In this connection it is appropriate to repeat what is said inWhittier v. Parmenter and Montpelier Ice Co.,
It may be that through mistake the parties omitted to provide that the cows should be replaced. In such case, the only remedy is to reform the contract in a court of equity. Wood v. James,supra.
A verdict was properly directed for the defendant.
The plaintiff has briefed exceptions to the exclusion of evidence of intent, and to the exclusion of evidence of conversations had during the negotiations for the lease. As we have already seen, this evidence was inadmissible.
Judgment affirmed.