206 P. 1096 | Mont. | 1922
delivered the opinion of the court.
On January 12, 1918, Effie H. McNinch and Louis E. McNinch, as lessors, and A. S. McDonald and B. S. McDonald, as lessees, executed a lease by the terms of which the lessors leased to the lessees 760 acres of land (particularly described) in Beaverhead county. The term of the lease was two years from March 1, 1918, with an option for renewal. The lessors agreed to furnish all tools and implements on the premises necessary to properly run the ranch, including one tractor;
This action was brought by the lessees to recover damages for a breach of the agreement by the lessors. In their complaint they allege the execution and delivery of the lease and attach a copy of it. They allege further that they were at all times ready, able, and willing to perform all the terms of the agreement by them to be performed, but that defendants wrongfully, willfully, maliciously and oppressively violated the agreement, in that they refused to permit plaintiffs to have possession of the leased premises or personal property to be furnished by the lessors and refused to permit the plaintiffs to occupy the premises or to perform the terms of the agreement by them to be performed, in consequence whereof plaintiffs were prevented from having the use and benefit of the leased property, to their damage in the sum of $5,510. There was also included a prayer for $1,000 exemplary damages.
The answer admits the execution and delivery of the, lease and that defendants “refused to vacate or deliver possession
At the opening of the trial, counsel for defendants objected
Section 7501, Revised Codes of 1921, provides: “Where a contract has but a single object, and such object is, s * * wholly impossible of performance, or so vaguely expressed as to be wholly unascertainable, the entire contract is void.” It is not contended that the object of this lease is impossible of performance, but it is urged that it is so vaguely expressed as to be wholly unascertainable, and the following alleged defects are specifically pointed out: The duty is not imposed upon any one to bear the expense or do the work of preparing the land for crops or to furnish seed or feed, or to cut or otherwise care for the crops, or to harvest them or board the threshing crew. No one is designated to determine what tools and machinery are required to operate the place or what help is comprehended by the terms “extra help” in threshing, and neither the building site nor the right of way is described with sufficient particularity.
It is not material to inquire whether the terms of this contract might or might not have been expressed more definitely. It may be conceded that there are ambiguities and uncertainties present, but this court is not authorized to declare the lease void unless the conclusion is compelled that its object is “wholly unascertainable.” Section 7534 and 7547, Revised Codes of 1921, provide:
“7547. All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are impliéd therefrom, unless some of them are expressly mentioned therein, when all other things of the same class are deemed to be excluded.” '
From the fact that plaintiffs were to have possession of the lands and personal property for the purpose of producing crops upon the land, it is implied that they were to do all work, furnish all materials, and pay all expenses necessary to that end, except in so far as defendants bound' themselves specifically to do part of the work, furnish part of the materials, or pay part of the expenses, and the things which defendants bound themselves to do are not left in doubt. Defendants cannot concern themselves with the meaning of the terms “extra help.” They were not required to furnish any help in threshing, but it is manifest from the context that the terms were employed to designate any help in addition to that provided by the threshing crew, and whatever additional help was necessary plaintiffs bound themselves to provide.
It is true that neither the building site nor the right of
Conceding that the lease leaves it uncertain as to the time
“7545. In cases of uncertainty not removed by the preceding rules, the language of the contract should be interpreted most strongly against the party who caused the uncertainty to exist. The promisor is presumed to be such party,” etc.
It was the duty of the trial court to interpret the lease in the light of the surrounding facts and circumstances bearing upon the transaction (see. 7538, Rev. Codes 1921); in other words, to put itself as nearly as might be in the situation of the parties at the time they entered into the agreement, and so to view the circumstances as they viewed them, and to judge of the meaning of the terms and the correct application of the language of the contract. (Alywin v. Morley, 41 Mont. 191, 137 Am. St. Rep. 692, 108 Pac. 778; Duckett v. Biggs, 57 Mont. 443, 188 Pac. 938.)
The lease is not void for uncertainty. In our opinion, the trial court should not have experienced any difficulty in inter-
A comparison of the terms of this lease with the provisions of the contract under consideration in Price v. Stipek, 39 Mont. 426, 104 Pac. 195, or in Schwab v. McVey, 54 Mont. 422, 171 Pac. 277, will serve to emphasize the difference between a contract the provisions of which are vague or indefinite, and one the meaning of which cannot be determined.
In a supplemental brief, counsel for defendants urge that
The other assignments do not merit special consideration.
The judgment and order are affirmed.
Affirmed.