Stull v. Hance

Citations

• 62 Ill. 52

Syllabus

<p>1. Coxtbact—construction. In construing contracts and written agreements, the whole context should be considered, and the intention of the parties ascertained from it, and not from extrinsic evidence.</p> <p>2. Same—whether joint contractor or surety. Where a contract for the building of a house described A as principal, and B and C as sureties, who were not again named in the instrument, and in fixing the terms and conditions, reference was made to the party of the first part, and to the party of the second part, without naming the persons; and in referring to the party of the first part, the singular pronouns “he” and “him” were used, and the principal signed first with the other two under his name at the usual place, and the word “ contractors ” was written opposite their names: Held, that A was the contractor, and that B and C were only sureties; and that the word “ contractors,” after their names, should not control the manifest intention of the parties appearing in the body of the contract.</p> <p>3. Had the word “as” not been employed, there might have been some plausibility in urging that the word “ sureties ” was only descriptive of the person. But when the parties are described “ as sureties,” this renders their character of sureties clear beyond doubt.</p> <p>4. Contract of surety-—strictly construed. The contract of a surety is strictly construed, and his liability is never extended beyond the terms of his agreement, or at least its manifest purport. In case of doubt, the doubt is generally, if not universally, solved in his favor.</p> <p>5. Where A undertook to build a school house, and entered into a written agreement therefor to the school directors, with B and C as sureties for his performance, and A employed the plaintiff to assist him in the work, B and C having nothing whatever to do in the hiring or prosecution of the work, and after the completion of the work, plaintiff settled with A, when there, was found to be due the plaintiff $59.50 for