Kapsamalis v. Lechner & Skeen

Citations

• 5 Alaska 75

Syllabus

<p>1. Evidence <&wkey;461 (1)—Contracts—Varying by Parol.</p> <p>The court will not permit the written contract in this case to be varied by parol. This can'only be permitted in cases where the court is unable to ascertain from the language used in the writing what the real intent or agreement of the parties was.</p> <p>2. Contracts <&wkey;170(l)—Construction by the Parties.</p> <p>The court will not give the contract or agreement of the parties another or different construction than what the parties themselves have placed on it.</p> <p>3. Corporations <@=480%—Trusts <@=63%—Assignment Pro Tanto.</p> <p>The defendants, who held a mortgage against corporation property wherein plaintiff was a stockholder, agreed with plaintiff not to bring foreclosure upon certain payments being made on the mortgage by the plaintiff. He made three such payments, and defendants then brought suit to foreclose. Held, plaintiff became pro tanto an owner in the mortgage by the payments made thereon, and defendants hold such interest for him as trustees.</p> <p><@cpSee same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>