Legal Opinion

Roberts v. Employers Ins. Co. of Ala.

Court of Appeals of Georgia

Decided June 14, 1949No. 32386PublishedCited by 2 opinions

1Opinion of the CourtMacIntyre, P. J.

1. “The cardinal rule of construction [of contracts] is to ascertain the intention of the parties” (Code, § 20-702), and “the construction of a contract is a question of law for the court” (§ 20-701), but an ambiguity in a contract is resolved by determining the intention of the parties, which is a question for the jury. Summerour v. Pappa, 119 Ga. 1 (4) (45 S. E. 713). The policy of insurance sued on does not appear in the record. The plaintiff alleged that it was in the possession of the defendant and gave notice in her petition for the defendant to produce it, but if it was produced, it…

2Cases cited8 opinions

  1. Lewis v. AmorousCourt of Appeals of Georgia · 1907
  2. Summerour v. PappaSupreme Court of Georgia · 1903
  3. Daniel v. Excelsior Auto Co.Court of Appeals of Georgia · 1924
  4. McClure Ten Cent Co. v. HumphriesCourt of Appeals of Georgia · 1923
  5. Scott v. TorranceCourt of Appeals of Georgia · 1943

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Louella Starling v. Gulf Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1967
  2. Falls v. FicklingCourt of Appeals of Georgia · 1976

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