South Georgia Trust Co. v. Neal

1. “As a general rule, the construction of a contract is a question for the court. Where any matter of fact is involved (as the proper reading of an obscurely written word), the jury should find the facts.” Civil Code (1910), § 4265; Fraser v. Jarrett, 153 Ga. 441, 443 (112 S. E. 487).

2. While it is the duty of the court to construe a written contract, still a new trial will not be granted for failure to discharge this duty where the contract is submitted to the jury and properly construed by them. Especially is this true in a case where, if the contract had been properly construed by the…