Opinion

Newsome v. Brown

  • 157 S.W. 203
  • 1913 Tex. App. LEXIS 1098
Court
Court of Appeals of Texas
Filed
Apr 24, 1913
Status
Published
Author
Willson
On the bench
Willson
Cited by
6 cases
Authority
More cited than 72.3%

The opinion

WILLSON, C. J.

(after stating the facts as above). We agree with the trial court that the contract as written was unambiguous, so far as it related to the removal of the mill to the Mattox land. The language used by the parties, to wit, “the said Brown contemplates moving his said mill * * * and is to give hauling of saw timber at the new mill site to the said Newsome upon the following terms,” etc., plainly did not mean that appellee had determined and thereby bound himself to move the mill, but meant that he was considering the matter of moving it, and, if he determined to and did move it, was to become bound to give hauling of saw timber to appellant. It is insisted that the word “contemplate” in its ordinary sense means, among other things, “to propose,” and that, giving the word that meaning, the language used by. the parties bound appellee to move the mill. It is true that “contemplate” means “to propose,” but it means “to propose” in the sense of “intend.” Had it been used in that sense, instead of the word “contemplate,” the construction which should have been given to. the contract would not be different from that given it by the trial court.

The judgment is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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