Turner v. Kearney

Citations

• 116 Cal. 62
• 47 P. 866
• 1897 Cal. LEXIS 508

Syllabus

<p>Contract to Harvest Grain Crop—Con struction—Stipulated Facts— Unnecessary Loss—Recoupment of Damage.—A contract to harvest, thresh, and sack the whole of a grain crop in a thorough and farmer-like manner, without waste or unnecessary loss, and to use one or more combined harvesters in good working condition, is to be construed in view of the surrounding facts, and where, in an action to recover the balance due on the contract, it was stipulated that by reason of all the grain not being harvested within forty days after it was fit for harvesting, there was a loss through its shelliug out by wind and other causes, and by reason of weeds interfering with the harvesting and cleaning of the grain, to the extent of eight hundred dollars; and further stipulated that if, as matter of law, under the contract, it was the duty of plaintiff to have provided sufficient means to have threshed all the defendant’s grain without waste or unnecessary loss, then said defendant is entitled to said amount as damages, otherwise not, the plaintiff contending that it was only his duty, under the contract, to provide one harvester, and to continue the work therewith without cessation, until it was finished, the stipulation and contract must be construed as using the words “ waste or unnecessary loss” in the same sense, and the contract is to be construed as agreeing to use one or more combined harvesters, as the condition of the grain should indicate, it being known to the parties that the necessity for a quick and early harvest must depend greatly on the season, and as would be necessary that it might be done in a good and farmer-like manner, and without waste and unnecessary loss; and, under the contract and stipulation, the defendant is entitled to recoup the agreed amount of damage, with interest.</p> <p>Id.—General Intent—Reasonable Construction.—The clause of the contract in regard to the use of one or more combined harvesters, must be construed so as to effectuate the general int