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eBook details

• Title: Hinkle v. Blinn.
• Author : Colorado Supreme Court
• Release Date : January 06, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

We conclude that the conduct of the parties before the controversy arose, acting under the contract, is a reliable test of their interpretation of the instrument, and whatever the stress of subsequent disagreement, neither in his own interest may be heard to urge a different construction. North Boulder Farmers Ditch Co. v. Leggett Ditch and Reservoir Co., 63 Colo. 522, 168 Pac. 742; New Brantner Ditch Co. v. Kramer, 57 Colo. 218, 141 Pac. 498; Lovell v. Goss, 45 Colo. 304, 101 Pac. 72; Cohen v. Clayton Co., 86 Colo. 270, 281 Pac. 111; Illinois Building Co. v. Patterson, 91 Colo. 391, 15 P.2d 699; Thompson v. Sweet, 91 Colo. 552, 17 P.2d 308; 6 R.C.L. 853. "In construing a contract, the court will follow the construction placed upon it by the parties themselves." Buckhorn Co. v. Consolidated Co., 47 Colo. 516, 529, 108 Pac. 27. In that view Blinn could not under the lease claim any part of the sour cream proceeds. But we do not find that Hinkle counterclaimed in relation to the item, and the court probably took it into account in determining the controversy as far as the first year was involved, to which only incidental attention was apparently given, for the principal controversy had to do with the second year, during which there was no delivery of milk, hence no disagreement about credits.

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