Ashley v. Cathcart
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by B. F. Asliby and others against John C'atbcart. From a judgment for defendant on nonsuit, plaintiffs appeal.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by B. F. Asliby and others against John C'atbcart. From a judgment for defendant on nonsuit, plaintiffs appeal. Tbe contract sought to be enforced is as follows: “This contract and agreement, made and entered into this 1st day of June, 1905, by and between John Cathcart, of New Decatnr, Alabama, party of tbe first part, and Ashby & Landtroop of Athens, Alabama, parties of tbe second part, witnesseth: That the party of tbe first part has this day contracted with the parties of tbe second part, whereby the said…
1Opinion of the CourtAnderson, J.
We fully recognize the rule that in the construction of contracts the whole instrument should be considered in determining the meaning of any or all of its parts. The contract should be supported, if possible, rather than defeated. All parts should be construed, if possible, so as to give validity and effect to each, and all instruments should be construed contra proferentem; that is, against him who gives, or undertakes, or enters into an obligation. — Comer v. Bankhead, 70 Ala. 136; 2 Parsons on Contracts, 13 16; Chicago v. Sheldon, 9 Wall, 50, 19 L. Ed. 594. But we think the contract under…
2Cases cited2 opinions
- Chicago v. SheldonSupreme Court of the United States · 1870
- Comer v. BankheadSupreme Court of Alabama · 1881
3Cited by11 opinions
- Voyager Life Ins. Co., Inc. v. WhitsonSupreme Court of Alabama · 1997
- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Ogg v. HermanMontana Supreme Court · 1924
- Monovis, Inc. v. AquinoDistrict Court, W.D. New York · 1994
- Schmidt v. LADNER CONST. CO., INC.Supreme Court of Alabama · 1979
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