W. T. Smith Lumber Co. v. Fox

GARDNER, Justice.

As we view the case, the fundamental error into which the Court of Appeals has fallen lies in the assumption 'that the descriptive language of the deed found quoted in the opinion was plain and unambiguous, rendering parol testimony of surrounding facts and circumstances inadmissible. This description had reference to the sale of a sawmilling plant and the railroad operated in connection therewith. A detailed description of various items of property intended to be embraced in the sale of the mill plant and railroad was doubtless considered by the parties as impracticable, and…