Shafer v. Senseman

Citations

• 125 Pa. 310
• 17 A. 350
• 1889 Pa. LEXIS 717

Syllabus

<p>1. Where a contract contains no words pertaining to an art or trade, is written in plain and popular language, and the facts and circumstances attending its execution and delivery are wholly undisputed, the inter-_ pretation thereof is for the court, and not for the jury.</p> <p>2. The object of interpretation and construction, if there be any uncertainty as to the meaning of a contract, is to find the intention of the parties. If the contract is clear and unambiguous there is no room for construction, and, in the absence of fraud, accident or mistake, the parties are bound according to the plain words of the contract.</p> <p>3. Where a bond provided that the obligor would pay the obligee §3,000, under conditions specified, six months after the obligee “loses his situation,” a voluntary resignation of his situation by the obligee, to take another which he preferred in order to escape disagreeable associations for himself and wife, was not a loss of his situation within the meaning of the bond.</p> <p>4. A contract which provides for the payment of money upon the happen- ■ ing of an event therein specified, provided such event happens, “ previous to the date of the second marriage ” of the obligor, is not a contract in restraint of marriage.</p>