¶1 I concur in the foregoing dissent of Mr. Justice Augstman. It is not the function of courts to make contracts for parties but to merely construe contracts as made. Union Central Life Ins. Co. v. Jensen, 74 Mont. 70, 237 Pac. 518; Nielson v. Hendrickson, 63 Mont. 518, 210 Pac. 905; Sullivan v. Metropolitan Life Ins. Co., 96 Mont. 254; 270, 29 Pac. (2d) 1046, and eases *414 cited. Section 7530, Revised Codes, provides: “When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this chapter.” Contracting parties may insert any provisions in their agreement that they choose so long as no matter is inserted that conflicts with an express statute or some question of public policy.
118 Mont. 403
168 P.2d 601
Wilkinson v. Bell
Decided March 22, 1946
Montana Supreme Court · decided 1946-03-22
Relies on Sullivan v. Metropolitan Life Insurance · Union Central Life Insurance v. Jensen · Nielson v. Hendrickson
Good law ✅— No negative treatment on recordhow we know
Decided 1946-03-22
How this case has been cited
Cited by 5 later decisions — most recently December 1986
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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