McMillin v. Titus

Citations

• 222 Pa. 500
• 72 A. 240
• 1909 Pa. LEXIS 901

Syllabus

<p>Contract — Construction of contract — Subject-matter—Repugnant clauses —Prior negotiations — Circumstances surrounding parties — Interpretation by parties — Oil lease — Coal—Mines and mining.</p> <p>In construing a contract the language should be interpreted so that the agreement as a whole may be carried into effect. If possible, no part of the contract is to be disregarded or treated as redundant. Repugnant clauses must be reconciled if it can be done.</p> <p>In ascertaining the intention of the parties to a contract where the writing is ambiguous, or where there are apparently repugnant clauses, it is proper to take into consideration all the negotiations leading to the formation of the contract, its subject-matter, the purpose to be effected, the consideration passing between the parties, and also all the circumstances surrounding the parties when they entered into the agreement.</p> <p>Where the parties have interpreted the contract themselves and acted upon such interpretation, the court wiE regard it as the proper one, and enforce it accordingly.</p> <p>Facts of public notoriety relating to the subject of a contract must be presumed to have been known to the parties at the time of making the contract and the language used must be construed in reference to such facts.</p> <p>On an issue framed under the Act of June 10, 1893, P. L. 415, to-determine title to coal and other minerals underlying land of the defendant, it appeared that thirty-eight years prior to the framing of the issue defendant’s predecessor in title executed a paper granting and leasing to the plaintiffs’ predecessors in title the right and privilege of prospecting for coal, oil or other minerals, and for salt, oil or other substances in and upon the land in question, and the right and privilege to dig, excavate and bore and sink pits and wells for any or all of the said coal, ore, salt, oil or other minerals, and to remove and take the same out of the earth. All interest of the grantor to t