Palmer v. Albee
Supreme Court of Iowa
Appeal from Floyd District Court. This action is founded upon a written instrument, of which the following is a copy: • “Charles City, Iowa, June 18, 1872. “We, the undersigned, do hereby agree to pay to Dr. William Palmer, chairman of the building committee of the First Baptist Church, of Charles City, Iowa, the sum set opposite óur respective names, for the purpose of liquidating the debt on said church; and if the whole amount is not raised to pay the debt before the day…
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Appeal from Floyd District Court. This action is founded upon a written instrument, of which the following is a copy: • “Charles City, Iowa, June 18, 1872. “We, the undersigned, do hereby agree to pay to Dr. William Palmer, chairman of the building committee of the First Baptist Church, of Charles City, Iowa, the sum set opposite óur respective names, for the purpose of liquidating the debt on said church; and if the whole amount is not raised to pay the debt before the day of dedication, said subscription to be void. “[Signed], Orrin Albee, 20 acres of land.” It is alleged that the whole…
1Opinion of the CourtRothbock, J.
i. evidence : patent amoigvity. The sole question presented by the record and arguments is whether the ambiguity or uncertainty of description in the contract of subscription, which . is made the foundation of the action, may, under •the rules of evidence, be made certain or explained by parol.
Ambiguities are of two kinds. They are defined as follows :
“The first (ambiguitas latens) occurs where the deed or instrument is sufficiently certain and free from ambiguity, but *431the ambiguity is produced by something extrinsic or some collateral matter out of the instrument; for example, if a man…
2Cited by14 opinions
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Chambers v. WatsonSupreme Court of Iowa · 1882
- Covert v. SebernSupreme Court of Iowa · 1887
- Rosen v. PhelpsCourt of Appeals of Texas · 1913
- Gould v. GunnSupreme Court of Iowa · 1913
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