Russell v. Garrett
Supreme Court of Alabama
Appeal from Oircuit Court, Montgomery County; Wm. L. Martin, Judge. Action by W. P. Russell, as administrator cum testamento annexo of the estate of W. P. Russell, deceased, against Eva F. Garrett, as executrix of the estate of O. W. Garrett, for breach of contract entered into between their testators. From judgment sustaining demurrers to the complaint, plaintiff appeals.
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Appeal from Oircuit Court, Montgomery County; Wm. L. Martin, Judge. Action by W. P. Russell, as administrator cum testamento annexo of the estate of W. P. Russell, deceased, against Eva F. Garrett, as executrix of the estate of O. W. Garrett, for breach of contract entered into between their testators. From judgment sustaining demurrers to the complaint, plaintiff appeals. The following is count 2, which also contains the -contract referred to in the opinion: (2) Plaintiff claims of the defendant the further sum of $10,783.15 with interest from February 26, 1917, damages for the breach of…
1Opinion of the CourtSaxre, J.
After judgment sustaining appellee’s demurrer to appellant’s complaint ■ the latter suffered a nonsuit and by exception reserved the ruling for review in this court.' Code, § 3017.
[1,2] Subject to the rule that, when the intent of the guarantor has been ascertained, or the terms of the guaranty are clearly defined, the liability of the guarantor is absolutely controlled by such intent, and is never to be further extended, the law of this jurisdiction is that, whe^e the language of the contract iii controversy is susceptible of two meanings, it should be taken most strongly against the…
2Cases cited4 opinions
- Crawford v. Chattanooga Savings BankSupreme Court of Alabama · 1917
- Powell v. JonesSupreme Court of Alabama · 1882
- Gillespie v. CampbellSupreme Court of Alabama · 1907
- Phillips-Boyd Pub. Co. v. McKinnonSupreme Court of Alabama · 1916
3Cited by14 opinions
- Russell v. GarrettSupreme Court of Alabama · 1922
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Shur-Gain Feed Div. v. Huntsville ProductionCourt of Civil Appeals of Alabama · 1979
- Barnett v. DowdySupreme Court of Alabama · 1922
- Sibley v. BowenSupreme Court of Alabama · 1930
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