Blitch v. Edwards
Supreme Court of Georgia
Action for damages. Before Judge Smith. Bulloch superior court. October term, 1894. On October 21,1889, defendants sold plaintiff certain land at the price of $500, he paying them $150 cash, and giving them his three notes for the balance, due November 15, 1890, 1891 and 1892, and taking their bond for title.
Read the full summary
Action for damages. Before Judge Smith. Bulloch superior court. October term, 1894. On October 21,1889, defendants sold plaintiff certain land at the price of $500, he paying them $150 cash, and giving them his three notes for the balance, due November 15, 1890, 1891 and 1892, and taking their bond for title. On February 15, 1892, he having'paid neither of the notes that had fallen due, the bond and notes were cancelled and a new contract was made between the parties, whereby plaintiff gave defendants his two notes for $195 each, due November 1, 1892 aiid 1893, each reciting that it was “ for…
1Opinion of the Court
Atkinson, Justice.
The facts necessary to a. clear understanding of this case are stated in the official report.
The first great essential in the interpretation of contracts is to arrive at what was the real intention of the parties. Where the contract is in writing, the intention of the parties must be arrived at by considering the legal effect of the language -which they employ. If this language be ambiguous, parol evidence is admissible to explain the ambiguity. If the contract between the parties consists of a series of written instruments, it is necessary, in order to arrive at its real…
2Cases cited1 opinion
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
3Cited by20 opinions
- Lytle v. Scottish American Mortgage Co.Supreme Court of Georgia · 1905
- Redfern Meats v. Hertz CorporationCourt of Appeals of Georgia · 1975
- Rhodes & Son Furniture Co. v. JenkinsCourt of Appeals of Georgia · 1907
- Malmberg v. BaughUtah Supreme Court · 1923
- Griffeth v. WilmoreCourt of Appeals of Georgia · 1932
15 more not listed; retrieve them via the Exa API.