M Civ JI 142.55 Conduct of Parties

You may consider the conduct of the parties after they entered into the contract and before they discovered that they disagreed with one another, as evidence of their agreed intent. It is up to you to decide what the conduct of the parties was, whether the conduct is reasonably related to the terms in question, and whether it reveals what they intended by the contract.

Note on Use

This instruction should be given only if the contract is ambiguous.

Comment

Schroeder v Terra Energy Ltd, 223 Mich App 176 (1997); L & S Bearing Co v Morton Bearing Co, 355 Mich 219 (1959); Detroit Greyhound Employees Federal Credit Union v Aetna Life Ins Co, 381 Mich 683 (1969); McIntosh v Groomes, 227 Mich 215 (1924).

History

M Civ JI 142.55 was added March 2005.