Kintner v. Harr, 408 P.2d 487 (1965)

Citation: Kintner v. Harr, 408 P.2d 487 (1965)
Parent Document: Kintner v. Harr, 408 P.2d 487 (1965)
Jurisdiction: Montana (state)
Effective Date: 1965-12-08
Original Source: https://www.courtlistener.com/opinion/1421283/kintner-v-harr/ ↗

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In the recent opinion in Lowe & Lynn v. Flank Oil Co., 144 Mont. 499, 504, 398 P.2d 608, this court held that our position being one of interpretation we look to our cases for guidance. It is a fundamental rule that in the construction of contracts the courts may look not only to the language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made. See Merriam v. United States, 107 U.S. 437, 441, 2 S.Ct. 536, 540, 27 L.Ed. 531, 533. To ascertain the intention, regard must be had to the nature of the instrument itself, the condition of the parties executing it, and the objects which they had in view. The words employed, if capable of more than one meaning, are to *473

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