Brooks v. Folds
Court of Appeals of Georgia
1Opinion of the CourtStephens, J.
1. Contracts, even where the rights of strangers are affected, will nevertheless be construed so as to effect the manifest intention of the contracting parties, where such construction contravenes no rule of law. Civil Code (1910), § 4266. In so doing, words contained in the contract will be construed in the sense in which they are apparently mutually employed by the contracting parties, irrespective of their proper and logical meaning. Pioneer Mercantile Co. v. Freeman, 29 Ga. App. 11 (113 S. E. 21). Thus, a promissory note which purports to be given for the purchase money of three mules,…
2Cases cited2 opinions
- Arnold v. BoothCourt of Appeals of Georgia · 1919
- Pioneer Mercantile Co. v. FreemanCourt of Appeals of Georgia · 1922
3Cited by10 opinions
- Tudor v. American Employers InsuranceCourt of Appeals of Georgia · 1970
- Burch v. RaganCourt of Appeals of Georgia · 1955
- Georgia Railroad Bank & Trust Company v. Federal Deposit Insurance CorporationCourt of Appeals for the First Circuit · 1985
- Gibbs v. H. T. Henning Company Inc.Supreme Court of Georgia · 1940
- Georgia Railroad Bank & Trust Co. v. Federal Deposit InsuranceCourt of Appeals for the Eleventh Circuit · 1985
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