Legal Opinion · Dissent

Atlantic Coast Line Railroad v. Georgia Railroad & Banking Co.

Court of Appeals of Georgia

Decided November 30, 1962No. 39594Published

1DissentBell, Judge

Speaking for myself and three other members of the court, we vigorously dissent from the majority opinion.

Ascertainment of the intention of the parties is the cardinal rule of construction of a contract, and the intention must be ascertained from the entire contract construed as a whole. Code §§ 20-704 and 20-702. It is the duty of the court to put a fair and reasonable construction upon a contract. Whitney v. Hagan, 65 Ga. App. 849, 850 (16 SE2d 779). Where two constructions are possible, one unreasonable and the other reasonable, it is necessary to look to the purpose intended and to give…

2Cases cited5 opinions

  1. Empire Mills Co. v. Burrell Engineering & Construction Co.Court of Appeals of Georgia · 1916
  2. Whitney v. HaganCourt of Appeals of Georgia · 1941
  3. Hanson v. SternCourt of Appeals of Georgia · 1960
  4. Hutto v. Snap-On Tools CorporationCourt of Appeals of Georgia · 1944
  5. Griffin v. BurdineCourt of Appeals of Georgia · 1953

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