Thompson v. Stewart
Thompson v. Stewart
Opinion of the Court
Whether the evidence was sufficient to establish such fact, we do not determine, because we do not think that the evidence was admissible. Dey’s contract was to furnish “a room that is improved and suitable.” This he has done. So far as the character of the room is concerned, he has fulfilled his contract. He did not bind himself to furnish a particular room. He left himself unrestricted in that respect'. If the subscribers to the fund did not regard it as sufficient at the time of their subscriptions that Dey should furnish “a room that is improved and suitable,” they should not have so stipulated. They cannot now be permitted to add to the contract by parol.
The defendant contends that the evidence is admissible as explaining a latent ambiguity. But we think otherwise. If the contract had called for a particular room by a name or specific description, as “Fink store adjoining the post-office,” and it was shown that there was a room by that name or description on each side, a latent ambiguity would have arisen which might be explained by parol. But the parties merely contracted for additional soom improved and suitable. The contract is not different from a contract to furnish a certain number of bushels of wheat, of a given grade, or to furnish the use of a suitable horse for a given job. No ambiguity arises in its application to a particular thing, because by its own terms it does not purport to apply to a particular thing.
Contracts are not necessarily to be construed according to their strict letter. This is so when such construction would defeat the manifest intent as gathered from the .whole instrument. Now it is manifest that the subscribers intended that Dey should enter into a lease to the government'which should 'be sufficient to bind him. The nominal rent of one dollar was manifestly inserted for that purpose and no other. It appears to .us that Dey attempted, in good faith, to carry out the contract, and did carry it out in the only mode that was practicable, so far as this point was concerned. The stipulation against his receiving rent was, we think, merely designed as a provision against his receiving double compensation. But the insertion of a nominal rent of one dollar to support the lease, does not contravene the subscriber’s intention. It would be absurd for a court to treat such rent as compensation.
One fact remains to be stated. ' The lease provides for a forfeiture for non-payment of rent. This was unnecessary. Dey would have performed his contract without such provision. But it does not change our view that the rent was nominal, and inserted for the mere technical purpose of upholding the lease.
It is said, however, that the lease should have been an unconditional lease for the whole period of ten years, and not being such, the contract has not been complied with. But the lease is certainly a valid one, and will continue so if its provisions are kept by the government, and so long as the lease remains in force we do not think that the defendant can complain.
We think that the court erred in rendering judgment for the defendant.
Reversed.
Reference
- Full Case Name
- Thompson v. Stewart, Adm'r
- Status
- Published