108 Wis. 382 | Wis. | 1900
Two questions are raised: (1) Is the defendant Hase liable to plaintiff on his bond, for the stock on the premises, purchased by Slensby from plaintiff at the time he went into possession ? "Was parol evidence admissible to enable the court to properly construe the contract of surety-ship ?
Concerning the first question there is little ground for debate. Slensby’s engagement was to run the saloon and restaurant business for plaintiff, to purchase all goods thereafter needed in his name, and to pay all expenses and accounts. Hase undertook to save plaintiff harmless from all bills, accounts, or obligations mentioned in the bond. The goods turned over by plaintiff to Slensby are not mentioned. By a fair construction of the bond, Hase was only bound to save the plaintiff harmless from all bills or accounts which Slensby might contract in plaintiff’s name to carry on the business. The first item sued for was clearly not within the terms of his undertaking.
It is argued by plaintiff that parol evidence was not admissible to show what the understanding of the parties was prior to the execution of the bond: That is undoubtedly true, and very much of the testimony received by the court was inadmissible on that ground. But in a trial by the court the admission of improper evidence will not reverse the judgment if there is sufficient competent evidence in the case to support the findings. It is a cardinal rule in the construction of contracts that effect is to be given to all of the language used, if possible. The bond in suit attempted to fix and establish the liability of Ham to plaintiff. He was to pay all bills, accounts, and obligations mentioned, except rent. The words “except rent” must be construed to refer to something Slensby was to pay, else they would be meaningless. In that respect the bond is ambiguous. It is impossible to say with certainty to just what obligation mentioned to be performed by Slensby these words refer. In other words, the subject matter of
By the Court.— The judgment is affirmed.