Reedy v. Smith

Citations

• 42 Cal. 245

Syllabus

<p>Complaint on Contract—Demurrer eor Uniting several Causes oe Action.—Where a complaint set forth a contract hy defendants to build a dam, and their failure to comply therewith; alleged damages to plaintiffs on account of loss of profits which they would have made hy their ditch if the dam had been built, and demanded a judgment for damages; held, that a demurrer on the ground that it united two causes of action would not lie.</p> <p>Contract held Binding though Signed by only one Party.—Where a contract by which one party was to build a dam and the other to pay therefor in certain installments, was signed only by the first party; but it appeared the other party paid his installments as therein provided, and both acted upon it as binding; held, that a finding of a District Court to the effect that it was executed and binding, should not be disturbed.</p> <p>Construction oe Contracts.—The object of construction of a contract is to ascertain the intention of the parties in entering into it.</p> <p>Meaning oe Stipulation to do a thing “as soon as practicable.”— A contract to do a thing “as soon as practicable,” implies that circumstances may occur which will delay the completion of it. The word “ practicable ” cannot be understood with regard to the means at the command of the contractors, for they may be entirely inadequate; but in ascertaining what was intended, the nature of the contract, the difficulties to be overcome, and the importance to the other party of an early completion of it, are to be considered.</p> <p>“ Practical ” does not Mean “ Within the Bangs oe Human Means.”—Where, in an action on a contract to build a dam “in the year 1867, or as soon thereafter as practicable,” the Court instructed the jury: “If you believe it was practicable, or if it was within the range of human means to have constructed it, then defendants are liable for not doing so; the word practicable means that which can he accomplished by human means;” held, error.</p> <p>Damages u