Harris County v. Penton

I respectfully dissent because the trial court was correct. Applying the principles of contract construction, the entire provision and the whole contract must be considered and not only the words “not to exceed.” See OCGA § 13-2-2 (4); Denise v. Paxson, 261 Ga. 846, 847 (413 SE2d 433) (1992). The salary is expressly geared to a 24-month plan, additional compensation is designated for the 24-month period, and the manager is given the right to negotiate a new contract at the end of that 24-month period, implying that an initial 24-month period is expected and intended. The “subject 24 months”…