Burns Manufacturing Co., Inc. v. Boehm

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that contra proferentem is not intended “as a talismanic solution to the construction of ambiguous language”
• Implied easements are based on theory that “continuous use ... gives rise to the implication that the parties intended that such use would continue.”
• Where a document is found to be ambiguous, inquiry is to be made into the circumstances surrounding its execution in an effort to clarify the meaning the parties sought to express by the language they chose
• “Rules of Construction serve the legitimate purpose of aiding courts in their quest to ascertain and give effect to the intention of the parties. . . . They are not meant to be applied as a substitute for that quest.”
• parties' intent controlling in construing agreement
• parties’ intent controlling in construing agreement

Source: CourtListener parenthetical corpus (CC0).