Harjo v. Harjo
| Citation | 247 P.2d 522,207 Okla. 73 |
| Decision Date | 15 July 1952 |
| Docket Number | No. 35033,35033 |
| Parties | HARJO v. HARJO. |
| Court | Supreme Court of Oklahoma |
Syllabus by the Court.
1. The cardinal rule in the interpretation of contracts is to ascertain the intention of the parties thereto as expressed therein, and give effect to the same, if it can be done consistently with legal principles.
2. Where the meaning of an ambiguous written contract is in dispute, evidence of extrinsic facts and circumstances throwing light on the intention of the parties is admissible, and the construction of such a contract then becomes a mixed question of law and fact.
Dwight Tolle, Okemah, for plaintiff in error.
Richard A. Hays and H. D. Pitchford, Okmulgee, for defendant in error.
This is a suit wherein Joe Harjo, as plaintiff, seeks to quiet his title to certain lands and premises of Okmulgee County, Oklahoma, as against the claims of his daughter, Donna Joe Harjo, the defendant, arising out of contract. The parties will be referred to as they appeared in the trial court.
All rights of the parties hereto are determined by, and the sole question presented by this appeal is, the interpretation of the hereinafter quoted contract. On October 5, 1936, Joe Harjo and his wife Allie Harjo, the parents of Donna Joe Harjo, the defendant herein, entered into the following contract, to-wit:
'Agreement
'This agreement, made and entered into on this 5th day of October, 1936, by and between Joe Harjo, of Okmulgee, Oklahoma, party of the first part, and Allie Harjo, of Okmulgee, Oklahoma, party of the second part, Witnesseth:
'Whereas, said parties hereto have this day reached a satisfactory agreement and settlement between themselves out of Court concerning the custody, support and maintenance of said Donna Joe Harjo, and the support, maintenance and alimony of party of the second part hereto, as well as for a division of and settlement of property rights, claims or demands of any nature, either past, present or future, as hereinafter set out;
'Now Therefore, in consideration of the mutual promises and agreements hereinafter contained, said parties hereto each agree with the other, as follows, to wit:
'1. That party of the second part is to have the care, custody and control of Donna Joe Harjo, minor child of the parties hereto, subject to the approval of the District Court of Okmulgee County, Oklahoma, subject to any future orders of said Court concerning the custody of said child, and subject to the right and privilege in party of the first part to visit said child upon any and all reasonable times and occasions; and party of the second part, subject to the terms, agreements and conditions hereinafter stated, accepts the custody of said child and agrees to properly care for, support, rear, train and educate said child to the best of her ability, it being further understood and agreed that party of the second part shall have the right and privilege to select the domicile or place of residence for said child at whatsoever place within the State of Oklahoma she may desire, but shall and will inform party of the first part of any change in said place of residence.
'* * * Party of the first part further agrees to and with party of the second part that he will turn over to her for the support of and maintenance of said party of the second part and said Donna Joe Harjo, until such time as party of the second part may remarry, all of the proceeds arising from his interest in oil and gas royalties from wells now producing, and one half of all of the proceeds arising from his interest in oil and gas royalties from any wells which may be hereinafter drilled upon any and all land now owned by party of the first part, or in which he may own any interest, either legal or equitable, said land being particularly described as follows, to-wit: (Then follows a description of the lands involved in this appeal and the agreement continues:
'3. * * * It is further agreed that in the event of the remarriage of the party of the second part to any person other than party of the first part during the lifetime of said Donna Joe Harjo, then, and in that event, all of the aforesaid oil and gas royalties, oil runs and gas runs, or proceeds from same arising from said lands shall be paid to said Donna Joe Harjo, or to her duly appointed guardian. That in the event party of the first part and party of the second part remarry each other, or in the event party of the second part marries someone other than party of the first part during the lifetime of said Donna Joe Harjo and said Donna Joe Harjo thereafter dies, or in the event of the remarriage of party of the second part after the death of said Donna Joe Harjo, or in the event of the death of party of the second part at any time, then, and in either event mentioned, and immediately upon the happening thereof, said party of the first part shall be entitled to, and shall have and receive all such oil and gas royalties, oil runs and gas runs, or other proceeds arising from the same not already paid over to said party of the second part or to said Donna Joe Harjo under the provisions of this agreement; and party of the second part agrees that in the event of any such remarriage she will promptly make, execute and deliver any necessary and proper transfer orders, division orders, or other instruments necessary to enable such person as is entitled thereto under the provisions of this agreement to collect and receive same, and that in the event she should fail, refuse or neglect to do so, then, and in that event, this instrument shall be taken, treated and construed as a compliance and assignment of said interests, runs and royalties above mentioned.
'4. It is further understood and agreed by and between the parties hereto that party of the second part disclaims any right, title or interest in and to the 1940 model A Ford automobile belonging to party of the first part. That party of the first part shall have the full and unrestricted use and benefit of, and the rents and profits, except the oil and gas runs and royalties above mentioned, arising from all of the land above acquired, in any manner, by party of the first part, but, that in the event of the sale by party of the first part of any of said real estate herein described during the lifetime of said Donna Joe Harjo party of the first part shall and will pay over to said Donna Joe Harjo, or to her duly appointed guardian, for her use, support, maintenance and education, the full one third of any and all sums realized from the sale of any or all of said property and that party of the second part, will, upon request, join, with party of the first part, or will execute, acknowledge and deliver any and all necessary and proper instruments in writing to effectuate the sale and conveyance of any such property; it being understood, however, that...
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