Belden v. Woodmansee

Citations

• 81 Ill. 25

Syllabus

<p>1. Law and fact—construction of contract. What the terms of a contract are, is a question of fact for the jury, but its meaning and legal effect is a question of law for the court. Therefore it is not proper in an instruction to submit to the jury the question of a party’s rights under a contract.</p> <p>3. Contract—when party has right to complete after time fixed. If the plaintiff contracts with the defendant to shell for the latter 150,000 husliels of corn, and as much more as he can before the cold weather, and through the defendant’s fault, he shells only a little over one-lialf of the bushels named by cold weather, the plaintiff will have the right to complete the contract after the time fixed, if he desires, and the defendant will have no right to avail of the stipulation as to the time the work was to be done.</p> <p>3. Same—construction. Where a contract provides that one party shall shell 150,000 bushels of corn, and as much more as he can before cold weather, it will be held to mean that he may shell the number oí bushels named at any rate, and the words “ cold weather ” will be understood to imply an additional amount, and the occurrence of cold weather will not authorize the employer to terminate the contract as to the 150,000 bushels when that amount is not shelled by his own act in preventing the same.</p> <p>4. Instruction—as to belief from, the evidence. Where the first part of an instruction omits the words “ from the evidence,” as the basis of the jury’s belief, but at the conclusion of the clause it states, “ and if you further believe from the evidence,” it was held that the jury could not be misled by it and have felt authorized to act on a belief not arising from the evidence.</p>