60 Minn. 292 | Minn. | 1895
The parties hereto, at Grookston, on May 29, 1890,. entered into a written contract, the material provisions of which are substantially as follows: That Taylor (the appellant) agrees, to build 20 grain.bins in this city, each capable of storing 500 bushels of wheat, and maintain them 10 years, subject to accidents from the elements, allowing time to rebuild if destroyed, in one of which Marcum (the respondent) may store for shipment his farm product at any time "when not in use by others, and, if so occupied, may enter his name for use of bin as soon as one is vacant, and shall be entitled to his regular turn as his name appears in the list. In place of bins heretofore mentioned, bags may be furnished in which to store each car separately, at same price as herein stated for bins. He may use the bin for four consecutive days for the sum of five dollars, and for any longer time shall pay one dollar for each additional day or part thereof if it is needed for others. Taylor fur
The only issue, under the pleadings, was whether or not the plaintiff had substantially performed all of the stipulations of the contract on his part which were the consideration for the defendant’s promise to pay the $10 each year for 10 years. The burden of proving such performance was upon the plaintiff. G. S. 1894, § 5250. It is conceded by counsel for the plaintiff that, under the admitted facts and undisputed evidence in this case, it was a question of law for the court whether such performance had been shown or not, and that a verdict should have been directed either for plaintiff or for defendant. This is correct, and the question for which party the verdict should have been directed depends upon the construction to be given to the contract. The contract is unique in many particulars, and its meaning somewhat obscure. It must be construed with reference to the manifest intention of the parties, and its language be read so as to give effect to such intention, and
Order affirmed.