Schwentker v. Hubbs

Citations

• 21 N.M. 188
• 153 P. 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Parol evidence is admissible, in the construction of •contracts, to define the nature and qualities of the subject-matter, the situation and relations of the parties, and all the circumstances, in order that the courts may put themselves in the place of the parties, see how the terms of the instrument affect the subject-matter, and ascertain the signification which ought to be given to any phrase or term in the contract which is ambiguous or susceptible of more than one interpretation, and this, although the result of the evidence may be to contradict the usual meaning of terms and phrases used in the contract; but, if the words are clear and unambiguous, a contrary intention may not be derived from the circumstances. Held, that the contract in this case was-ambiguous, and that the trial court properly heard evidence, and that the evidence fully warranted the interpretation placed upon the contract by the trial court. P, 189</p> <p>2. Where a party desire more explicit findings by the-trial court, he should direct the attention of the court to the particular questions upon which such findings are' desired, or tender proper findings upon such matters.</p> <p>P. 190</p>