Durham Tropical Land Corp. v. Sun Garden Sales Co.

The petition filed by the appellees upon which a rehearing was granted states that the opinion heretofore rendered (1) misconstrues the contract involved in the suit, and (2) overlooked the right of equitable set-off set up by the amended answer.

It must be conceded that the contract between the complainant as agent and the defendant as owner of the lands in question is very complicated and its apparently conflicting terms most difficult to reconcile. It is not the province of this Court, however, to undertake to divine what was "in the mind" of either of the contracting parties. The intent…