Brannan v. Mesick

Citations

• 10 Cal. 95
• 1858 Cal. LEXIS 197

Syllabus

<p>The first step in the construction of a deed, is to ascertain the understanding and intention of the parties at the time of contracting.</p> <p>To arrive at this intention, the situation of the parties, and the subject-matter at the time of contracting, should be considered; the whole deed should be taken together, and, if possible, effect should be given to all its parts, although the immediate object of inquiry be the meaning of an isolated clause.</p> <p>Oral evidence is sometimes admissible to explain, but not to contradict or vary the terms of a written contract; thus, if the words of a contract be ambiguous, its meaning may be gathered from contemporaneous facts which intrinsic testimony establishes.</p> <p>If, when the intention is thus ascertained, it is found that the words will fairly bear a construction which makes them express this intention, then the words will be so construed, and the contract, with this interpretation, enforced as the contract of the parties.</p> <p>The distinction between patent and latent ambiguities, is now regarded as intended to enable the Court to distinguish between cases curable and those of incurable uncertainty.</p> <p>A executed to B, C, D, and E, an instrument which commences in the ordinary form of a deed of bargain and sale, purporting to convey to them, in consideration of $125,000, the property therein described, with a general warranty of title against the claims of all persons; this clause then followed by a power of attorney authorizing the grantees to take possession, sell, and convey, or lease the property, in the name of the grantor, and to receive the purchase-money and rents, and that grantor would not sell, lease, or authorize any other person to sell or lease the premises, or revoke the power given, unless the grantors neglected to pay the said sum of $125,000; in instalments, specified therein, with a covenant that if said amount was paid at the time specified, the instrument should take effect as a full