Legal Opinion
Farm Supply Co. of Albany, Inc. v. Cook
Court of Appeals of Georgia
Decided November 16, 1967No. 43019PublishedCited by 49 opinions
1Opinion of the Court
Eberhardt, Judge.
What is now Code § 20-701 has been in every Code, including the first: “The construction of a contract is a question of law for the court. Where any matter of fact is involved (as the proper reading of an obscurely written word), the jury should find the fact.” It was the common law rule long before the first Code. A matter similar to an obscurely written word is the inclusion of an unfamiliar abbreviation. Holland v. Long & Bro., 57 Ga. 36 (1). Rules to be applied in construing contracts are found in Code § 20-704, and others may be found in some of the decisions.
The true…
2Cases cited23 opinions
- Manhattan Properties, Inc. v. Irving Trust Co.Supreme Court of the United States · 1934
- Davis v. United American Life InsuranceSupreme Court of Georgia · 1959
- McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
- Harris v. HullSupreme Court of Georgia · 1883
- General Gas Corporation v. CarnCourt of Appeals of Georgia · 1961
18 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Barclays Bank D. C. O. v. Mercantile National BankCourt of Appeals for the Fifth Circuit · 1973
- Stern's Gallery of Gifts, Inc. v. Corporate Property Investors, Inc.Court of Appeals of Georgia · 1985
- Fantastic Fakes, Inc. v. Pickwick International, Inc.Court of Appeals for the Fifth Circuit · 1981
- Chalkley v. WardCourt of Appeals of Georgia · 1969
- Holcomb v. WordSupreme Court of Georgia · 1977
44 more not listed; retrieve them via the Exa API.