Legal Opinion
Carter v. Turbeville
Court of Appeals of Georgia
Decided May 26, 1954No. 35182PublishedCited by 17 opinions
1Opinion of the CourtGardner, P. J.
1. (a) In unambiguous contracts, the rights and liabilities of the parties are matters of law for the court to determine upon a construction of the instrument. This con struction is to determine the intentions o'f the parties. Code § 20-704 (4) reads: “The construction which will uphold a contract in whole and in every part is to be preferred, and the whole contract should be looked to in arriving at the construction of any part.” The contract before us is a sales contract with the plaintiff as the purchaser and the defendant as the seller and Lynes Realty Company as an independent third…
2Cases cited5 opinions
- Wellborn v. WeaverSupreme Court of Georgia · 1855
- Kenney v. WaldenCourt of Appeals of Georgia · 1922
- King v. FormanCourt of Appeals of Georgia · 1944
- Fulton Land Co. v. Armor Insulating Co.Supreme Court of Georgia · 1941
- Stiles v. EdwardsCourt of Appeals of Georgia · 1949
3Cited by17 opinions
- American Casualty Co. v. Crain-Daly Volkswagen, Inc.Court of Appeals of Georgia · 1973
- Dell v. KugelCourt of Appeals of Georgia · 1959
- Fickling & Walker Co. v. Giddens Construction Co.Supreme Court of Georgia · 1989
- Tom Brown Contracting, Inc. v. FishmanCourt of Appeals of Georgia · 2008
- Williams v. Northside Realty Associates, Inc.Court of Appeals of Georgia · 1967
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