Hershey v. Los Angeles Pacific Co.

Eight or Wat — Construction or Contract — Intent — Trespass — Specific Performance—Findings Supported bt Evidence.—In an action for trespass and for an injunction by plaintiff as tenant in common of a tract of land adjoining another tract owned by plaintiff in severalty against a railway company for trespass in building its railroad on the first named tract, in which defendant set up a contract to deed a right of way and a cross-complaint praying for specific performance of the contract, contending that it referred to both parcels, it was held that the intention of plaintiff as expressed in the language of the deed here shown was to grant a right of way across both parcels, and this finding as to intention is supported by the evidence here shown of the circumstances surrounding the execution of the contract.

Id.—Evidence as to Intent.—-In such an action evidence of the facts and circumstances surrounding the execution of the contract, and of the grantor’s understanding of it when she executed it, are admissible; but evidence of the undisclosed intention of the grantor to convey a right of way across only the parcel owned by her in severalty was properly rejected.