4th. The amount decreed as due from Beidler to Plaintiff is erroneous by over $100.
5th. The decree compels Plaintiff to make a good and sufficient warranty deed to Beidler, when the evidence discloses the fact that there is a deed of trust upon the property, duly rendered, which Beidler knew and was told was one of the reasons that were preventing, and did prevent, a closing of the sale, until the trustees would sign the contract, and for which the contract was to be sent to New York.
6th. Because the findings of facts are not only not sustained by the evidence, but are directly in the face of the evidence, and if upheld will perpetrate a fraud upon the Appellant's rights.
Argument for Appellee
W. F. Henderson and John B. Jones, for Appellee.
These writings constitute one transaction, and must be read and construed together. Instruments executed in the course of the same transaction, are, in the eyes of the law, one, and may be read and construed as such, without regard to form. Vol. 2, Smith Leading Cases, 7 American Ed., p. 259. Parol evidence is admissible to show that different instruments were executed in the course of the same transaction. Same, 256. It is no doubt true that the interpretation of deeds and contracts, formally prepared and purporting to be a full and final expression of the meaning of the parties, must be drawn from the four corners of the instrument. But the case is obviously different where writings are, on their face, fragmentary or imperfect, and appear to be the memoranda or recitals of parts of a contract or transaction, rather than a full and authentic record of the whole. Whenever, therefore, the agreement lies scattered in a variety of documents, they should all be consulted, and each read with the aid of the light afforded by the others, and with the aid of such extrinsic evidence as may be requisite to ascertain and identify their subject matter. Same,
