2 Pa. Super. 219 | Pa. Super. Ct. | 1896
Opinion by
(after stating the facts as recited in the above statement of facts):
Inspection of the second lease shows that the parties deliber
The words used in the contract were not unmeaning. They had special reference to the subject-matter, and the only question of doubt was as to the application of the words, “ time above specified for drilling a well.” The ambiguity was not in the minds of the parties to the contract. They fully understood it; had executed and abandoned a prior contract in relation to the same use of the same land, and had again met, contracted and acted to their mutual understanding. It was competent under the present lease to show these facts by parol as the paper was capable of being construed in an intelligible way only under their treatment of it.
In Patterson v. Graham, 164 Pa. 284, it is said, “ no time was
Evidence of payment of the rent under the second lease was received without objection, and the court properly submitted to the jury the effect to be given to these acts of defendant in aid of the construction of the doubtful clause: Pratt v. Campbell, 24 Pa. 186; Whart. on Evidence, secs. 941, and 971.
The oral evidence received did not contradict the writing, but only made clear by the acts of the parties how they had interpreted it: Steamboat Co. v. Brown, 54 Pa. 77.
It is the dictate of common sense, and therefore a rule of law, that every written instrument is to be interpreted according to the subject-matter, and yet the nature and qualities of the subject-matter are seldom fully stated, often only alluded to in the writing. Many cases might be cited from the books to mark the distinction, too often lost sight of, between evidence to alter the language of a written instrument and evidence to define the position of the parties, and the nature and condition of the subject contracted about. So long as parties call upon courts of justice to administer their contracts, they must expect them to be administered as nearly as may be according to the very intention and understanding that were present in the minds of the parties when the contract was signed, and to tins end, courts take the language employed and apply it to the surrounding circumstances exactly as they believe the parties applied it: Barnhart v. Riddle, 29 Pa. 92; Graver v. Scott, 80 Pa. 88; Irvin v. Irvin, 142 Pa. 271.
The case was fairly tried in the court below. The assignments of error are not sustained and the judgment is affirmed.