Book v. New Castle Wire Nail Co.
Book v. New Castle Wire Nail Co.
Opinion of the Court
Opinion by
There was no attempt made by defendants to show any fraud, accident or mistake in the making of the contract sued upon, nor do we find in the writing any latent ambiguity or uncertainty of subject-matter. Parol evidence was therefore not admissible to vary or control the meaning of the words used, and there was no occasion for the introduction of it to show the circumstances under which the contract was made as explanatory of the meaning of the words. They were ordinary words used in their ordinary sense, and the meaning was to be gathered from the writing. To admit the evidence offered would be only to give the jury an opportunity to rewrite the contract.
The subject-matter of the agreement was the drilling of a well to get water, and the plaintiff’s undertaking was to drill it to the bed rock unless suitable water should be obtained sooner. Let it be conceded that suitable water meant water fit for drinking, nevertheless the guaranty of the plaintiffs does not extend to such water. No doubt both parties expected the bed rock water to be good, but no guaranty was made as to it. Both parties assumed the fact and took the risk of it.
The argument is adroitly put as showing a failure by plaintiffs to complete their undertaking, but the real object of the offer of defendants was to write into the contract a most material condition, i. e. that if no good water should be found in or above the bed rock then defendants should pay nothing. It is not in accordance with experience that such a condition should be left unexpressed. A party engaging to have a thing done for him is expected to pay for it, and so universal is this rule that no express promise need be proved and if no price is named the law implies a promise to pay what it is reasonably worth. Any other contract than this is so exceptional that it is hardly supposable that the party whom the law will presume to be liable, will not see to it that the condition which is to re
This is not such a case, and the learned judge was right in excluding the evidence.
Judgment affirmed.
Reference
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- Written contract—Parol evidence to vary. Where the words oí a written contract are ordinary words used in their ordinary sense, and there is no latent ambiguity or uncertainty of subject-matter, and no allegation of fraud, accident or mistake, parol evidence is inadmissible to vary or control the meaning of the words, or to show the circumstances under which the contract was made as explanatory of the meaning of the words. Where a written contract provided for driving a well for defendant guaranteeing “ to get the water from the bed rock, unless we should find good water, acceptable to you, at a less depth,” parol evidence is inadmissible to show by the declarations of the parties or the circumstances surrounding the making of the contract that the water referred to in the contract was intended and meant to be good water, to be used for drinking purposes. Where, under such contract, the contractors drive the well to the bed rock and get water, they are entitled to recover, although the water is salt and unfit for drinking purposes.