Barsumian v. Barsumian

As I view this case, it is not a matter of one party seeking to renege on an agreement nor seeking to have the terms of the agreement modified, but rather to have the court declare judicially what the parties intended by the agreement.

It is a cardinal rule in the construction of contracts that the intention of the parties thereto is to govern. 7 Fla.Jur., Contracts, § 75. The contract as a whole should be considered, Triple E Development Co. v. Floridagold Citrus Corp., Fla.1951, 51 So.2d 435, and the intention of the parties determined from the language used, considering the surrounding…