Tomkins v. Smith
Tomkins v. Smith
Opinion of the Court
delivered the opinion of the court.
Plaintiif in error contends that the purpose of the contract was to restore each of the parties to the possession of the land leased by him, and that the fences as they stood before the changes made by plaintiif in error did not effectuate the purpose of the contract, inasmuch as it left some of each party’s leased lands in the possession of the other. The trial court in its opinion pointed out that the controlling feature of the contract was the specific location of the fence lines to be constructed, and held that such provisions must prevail over any general purpose stated by the contract.
We are of the opinion that the trial court was right in thus holding. He held, further, that it must be presumed that the parties, stipulating each to build a certain amount of fence, must have intended that such fences would stand during the term of their leases. That appears to be a reasonable conclusion; at least it must be presumed that the fences were to stand for a reasonable time, and we think the trial court was right in thus construing the contract.
The injunction was, therefore, proper and the judgment of the trial court is affirmed.
Mr. Chief Justice Garrigues and Mr. Justice Denison concur.
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