 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1919 - 808 pages
...the 232 203 MICHIGAN REPORTS. [Sept. following rule, and cites some of the following authorities : "Where the parties to a contract have given it a practical...determining its proper interpretation." 13 Corpus Juris, p. 546 ; Switzer v. Manufacturing Co., 59 Mich. 488; Farnsworth v. Fraser, 137 Mich. 296; Axe v. Tolbert,... | |
 | 1910 - 928 pages
...operation. § 170. The construction which the parlies have by their acts placed upon an ambiguous instrument is entitled to great, If not controlling, weight in determining its proper construction. — Rust v. McWilllums 561 § 187. A creditor who sues on a contract made by a third... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1913 - 738 pages
...Contracts, 598. "The construction which the parties have by their acts placed on an ambiguous instrument is entitled to great if not controlling weight in determining its proper construction." Am. & Eng. Ency. 2nd Ed., Vo1. 17, p. 24, and cases cited. At the time said clause 26... | |
 | 1920 - 192 pages
...the courts will ordinarily follow the contruction put upon the instrument by the parties themselves. "Where the parties to a contract have given it a practical construction by their conduct, as by acts of partial performance, such construction is entitled to great, if not controlling weight, in determining... | |
 | 1924 - 938 pages
...the parties thereto is not by any means conclusive as to the correct construction of the instrument, such construction is entitled to great, if not controlling, weight in determining its proper interpretation, where the language requiring interpretation may be characterized by more or less ambiguity or uncertainty.... | |
 | 1926 - 1216 pages
...Where parties to contract of doubtful meaning have given it practical construction by their conduct, such construction is entitled to great, if not controlling,...weight, in determining its proper interpretation. 3. Mines and minerals <S=>55 (5)— Conduct of parties held to show that contract for purchase of mineral... | |
 | 1923 - 1008 pages
...of Smyrna." To sustain their contention they cite the following language from 13 OJ 546, 547, 548 : "Where the parties to a contract have given it a practical...controlling weight in determining its proper interpretation, particularly where such interpretation is agreed on before any controversy has arisen. But practical... | |
 | 1923 - 916 pages
...796.) "The construction which the parties have, by their acts, placed upon an ambiguous instrument is entitled to great, if not controlling weight in determining its proper construction." (17 Id. 24, citing a long array of authorities.) Along a like line is the case of Stanley... | |
 | 1928 - 1182 pages
...the same. There was no complaint from either party. This construction of the ordinance by the parties "is entitled to great, if not controlling, weight In determining its proper interpretation." 13 CJ 546, and authorities cited. [7-101 No money penalty was provided for a failure of compliance with... | |
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Where the parties to a contract have given it a practical construction by their conduct, as by acts in partial performance, such construction is entitled to great if not controlling weight in determining its proper interpretation (13 Corpus Juris 546). 