Bradley v. Howell

ON SUGGESTION OF ERROR.

There are, in effect, two distinct cases involved in this appeal. Our original opinion (133 So. 660) dealt only with the first of them, and as to that case we adhere to that opinion. Appellant earnestly complains that, in our affirmance of the decree as to that case, we have disregarded the familiar doctrine that, when a contract is ambiguous or uncertain in its written terms, explanatory evidence will be received by way of all the pertinent surrounding facts of its execution and of its subsequent performance so as thereby to ascertain from all those extrinsic facts the…