McDonnell v. Jordan
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before the Hon. Paul Speaice. This was an action by the appellant, Ada F. McDonnell, to recover of the appellee, Llewellyn Jordan, money paid by appellant as costs in a proceeding in the United States Court, growing out of a. contest between appellant and appellee over the terms of the will of Mattie- Lee Fennell, deceased. The contest over the will was settled by a compromise between the parties, set ■ out below.
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Appeal from Madison Circuit Court. Tried before the Hon. Paul Speaice. This was an action by the appellant, Ada F. McDonnell, to recover of the appellee, Llewellyn Jordan, money paid by appellant as costs in a proceeding in the United States Court, growing out of a. contest between appellant and appellee over the terms of the will of Mattie- Lee Fennell, deceased. The contest over the will was settled by a compromise between the parties, set ■ out below. The first count of the amended complaint in the case is as follows: “Plaintiff claims of the defendant the sum of forty-two and 70-109…
1Opinion of the CourtTyson, J.
A single question is presented for our determination by the record in this case :• — a correct construction of the written contract between the parties made on exhibit to the complaint.
In construing contracts, the great object is to ascertain and, if possible, effectuate the intention of the parties. “In ascertaining such intention the court must place itself in the situation of the contracting parties at the time of making the contract and consider their obvious design as to the purpose to be accomplished.” — McPherson v. Harris, 59 Ala. 620.
“Contracts must be interpreted in the light of sur*285r…
2Cases cited2 opinions
- McGhee v. AlexanderSupreme Court of Alabama · 1893
- McPherson v. HarrisSupreme Court of Alabama · 1877
3Cited by3 opinions
- Smith v. WebbSupreme Court of Alabama · 1912
- Jordan v. McDonnellSupreme Court of Alabama · 1907
- Loftin v. ParkerSupreme Court of Alabama · 1949