Pennsylvania Mortgage Investment Co. v. Simms

Citations

• 16 Wash. 243
• 47 P. 441
• 1896 Wash. LEXIS 43

Syllabus

<p>CONSTRUCTION OP CONTRACTS — AMBIGUITY — ADMISSIBILITY OP PAROL.</p> <p>In the construction of contracts, such a construction should be given as will give the contract force, rather than one which will make it of no effect.</p> <p>Where the making of notes and mortgage, the assignment of a lease upon the premises to the mortgagee and the making of a memorandum respecting payment of rents and purchase money, under an option to purchase given to the lessee in the lease, are executed at the same time and constitute parts of a single transaction, they should all be construed together, and, if the language of the instruments taken together is ambiguous, the introduction of oral proof is warranted for the purpose of explaining the true intent of the parties.</p>