Dorsey v. Clements

Bell, Justice.

A phrase or clause in a contract, as a timber lease, may be plain and unambiguous as to one or more matters; and yet be ambiguous with respect to other matters. The question here is whether the phrase, “timber suitable for turpentine purposes,” is ambiguous with respect to the minimum size of pine trees that would be suitable for turpentine purposes. The Court of Appeals held that such expression is ambiguous, and in this we think that the court erred.

“The construction of a contract is a question of law for the court. Where any matter of fact’is involved (as the proper reading…