Taylor v. Fluharty

— When this ease was first tried, the court instructed a verdict for respondent. On appeal, this court held that the name and corporate seal on the instrument and the descriptive words following the names of the makers created an ambiguity; and that while the presumption is that such words are descriptio personarum and that the makers are bound, it is the better rule to permit the introduction of parol evidence to determine the actual intention of the parties. The judgment first entered was therefore reversed. (Taylor v. Fluharty, 35 Ida. 705, 208 Pac. 866.) The cause was tried a second time.…