Lester v. Scarbrough

As the majority observes, “[wjhether an agreement is ambiguous is a question of law to be determined by the trial court.” I dissent because I believe the trial court erred by finding this agreement to be ambiguous and by allowing parol testimony concerning the intent of the parties.

“As a general rule, where the terms of an agreement between divorcing parties is doubtful or the language of the agreement is ambiguous, the court may allow testimony regarding precontract negotiations as well as the understanding of the parties. Lowe v. Lowe, 495 So.2d 1123 (Ala.Civ. App.1986). However, if the…