Quanah, A. & P. Ry. Co. v. Cooper
Court of Appeals of Texas
Appeal from District Court, Hardeman County; J. A. Nabers, Judge. Action by the Quanah, Acme & Pacific Railway Company against A. J. Cooper and others. Judgment for defendants, and plaintiff appeals.
1DissentHaul, J.
I cannot agree with the majority in the holding that the contract is in any sense ambiguous. If there is no ambiguity, then the trial cjourt erred in admitting the evidence complained of.
“When the language implied is unequivocal there is no room for construction.” 22 C. J. 1177; 4 Page on the Law of Contracts, §§ 2023, 2060.
“Where there are not technical words used, the language of the instrument must be interpreted in accordance with the usual and ordinary meaning of the words contained in it.” 2 Elliott on Contracts, §§ 1506-1509; 4 Page on the Law of Contracts, § 2024 ; 22 C. J. 1202; 13…
2Cases cited4 opinions
- Northwestern Oil & Gas Co. v. BranineSupreme Court of Oklahoma · 1918
- Illinois Central Railroad v. City of ChicagoIllinois Supreme Court · 1892
- Comptograph Co. v. Burroughs Adding Machine Co.Supreme Court of Iowa · 1916
- Crowley v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904