Blood v. Fargo & S. Elevator Co.

Citations

• 1 S.D. 71
• 45 N.W. 200
• 1890 S.D. LEXIS 10

Syllabus

<p>1. When' an oral agreement to do work and labor is loose, obscuro, indefinito, and ambiguous, the intention of the parties at the time of making it must be gathered from their acts in connection with the surrounding oircumslanees, as well as from their words.</p> <p>2. If the meaning' of the contract, by itself, is affected with uncertainty, the intention of the partios may be ascertained by extrinsic testimony.</p> <p>3. When an oral contract, unlimited as to time of its performance, is after-wards modified so as to make a fixed time for its fulfillment, it is error, upon trial of the cause, not to allow evidence to he introduced tending to establish that fact.</p> <p>(Syllabus by the Court.</p>