Flake v. Bowman
Court of Appeals of Georgia
Complaint; from Bockdale superior court — Judge Hutcheson. December 3, 1921.
1Opinion of the CourtBeoyxes, C. J.
1. The construction of a plain and unambiguous contract is for the court, and not for the jury. Empire Mills Co. v. Burrell Engineering Co., 18 Ga. App. 253 (1) (89 S. E. 530). The court therefore did not err in refusing the request to charge the jury that “ the construction which iVill uphold a contract in whole and every part is to be preferred, and the whole contract should be looked to in arriving at the construction of any part.”
2. The remaining request to charge was sufficiently covered by the charge given.
3. Under repeated rulings of the Supreme Court and of this court, a ground of a…
2Cases cited5 opinions
- Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
- Empire Mills Co. v. Burrell Engineering & Construction Co.Court of Appeals of Georgia · 1916
- Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
- McLeod v. HendrySupreme Court of Georgia · 1906
- Byck v. Weiler Co.Court of Appeals of Georgia · 1908
3Cited by8 opinions
- California Insurance v. BlumburgCourt of Appeals of Georgia · 1960
- Bancroft v. Conyers Realty Co.Court of Appeals of Georgia · 1940
- Powers Ferry Construction, Inc. v. Commerce Builders, Inc.Court of Appeals of Georgia · 1989
- Hicks v. CherrySupreme Court of Georgia · 1941
- Weathercraft Co. v. ByrdCourt of Appeals of Georgia · 1924
3 more not listed; retrieve them via the Exa API.