Ring v. Minnesota Road Builders, Inc.
| Decision Date | 10 August 1962 |
| Docket Number | No. 38548,38548 |
| Citation | 116 N.W.2d 582,263 Minn. 391 |
| Parties | Martin RING et al., Appellants, v. MINNESOTA ROAD BUILDERS, INC., et al., Respondents. and MINNESOTA ROAD BUILDERS, INC., Respondent, v. COLONIAL REALTY, INC., at al., Appellants. |
| Court | Minnesota Supreme Court |
Syllabus by the Court.
While construction of a contract and its legal effect are questions of law for the court, it is well established that where ambiguity in the contract exists and construction depends upon extrinsic evidence as well as the writing there exists a question of fact for determination by a jury or a court sitting without a jury.
Sachs, Latz & Kirshbaum, Louis Sachs, Minneapolis, for appellants.
Vincent E. Johnson, Minneapolis, for respondent.
This is an appeal from orders of the trial court denying motions for amended findings of fact, conclusions of law, and order for judgment or for a new trial. The result must turn upon the construction of an excavation contract.
The plaintiffs Martin Ring, Harold Ring, and Colonial Realty, Inc., a corporation, hereinafter referred to as the landowners, entered into a contract with Minnesota Road Builders, Inc., a Minnesota corporation, hereinafter referred to as the contractor by which it was agreed that the contractor would undertake to do certain work in the leveling and grading of a 21-acre tract which the landowners intended to improve and plat as an addition to the village of Golden Valley. The tract was uneven with a large hill in about the middle of it. It was contemplated by the agreement that the contractor would undertake 'the grading, leveling, moving and excavation as may be required' in accordance with a street grade plat and profile map, 'so that the level of the grade shall be, as nearly as may be, one foot below the level shown upon said profile map * * *, all in accordance with the regulations and requirements of the Village of Golden Valley.' The contract goes on to provide:
'2. Moving of Earth.
'Excavator will cause to be moved the earth from the higher portions to the areas that are low and spread thereon in a manner so as to conform as nearly as may be possible with the lines, grades and levels indicated in the foregoing exhibits.
'3. Streets.
'Excavator will cut in all streets within the area, as per the village requirements, to sub-grade ready for gravel, and such portion of the streets bounding the area, not already constructed, as may be required by the village.
'Excavator will cut the avenue designated as Kentucky Avenue through the entire area from north to south, notwithstanding the plat which shows the said street as running only partly through the area.
'4. Gravel.
'If any gravel should be found within the area, Excavator will place the said gravel in all of the roadways, to the extent available, in the upper two feet of said roadways and use it to bring the roads up to a sub-base.
It appears from the contract and from the record that the parties felt that by leveling the hill and higher grounds sufficient material would be available to complete the grading the construction of the roads and the filling in of the low places on the tract. The contractor proceeded with the work on October 27, 1958. It began at the north end of the tract and worked to the south. As the work proceeded, it leveled the hill, cut and graded the streets, and filled the low places in the lots to required levels. By November 14, 1958, when the contractor had completed the construction and leveling work on the north half of the tract, it ran out of dirt. At this point there is no dispute that the contractor did all of the excavation, construction, leveling, and filling in accordance with the contract so far as available material permitted.
There is a conflict in the evidence as to how the work should have been carried out. The landowners took the position that the contractor had breached the terms of the agreement and accordingly commenced an action against it for damages. The contractor thereafter instituted a lien foreclosure action against the landowners. The two actions were consolidated for trial. The landowners paid one-half of the balance of the contract price, or $4,575. The findings of the trial court recite:
'That said work as done did not complete the roads according to grade, but it was done in accordance with the contract as written, which was not entirely clear as to the requirements of defendant; that said work was done in accordance with the reasonable understanding thereof of defendant; that the work completed by said defendant Minnesota Road Builders, Inc. was reasonably worth said contract price, and the reasonable balance thereon is the sum of $4,575.00.'
The trial court made its order for judgment in favor of the contractor in the sum of $4,575...
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