Redpath Chautauquas Inc. v. Parks

1. Parties signing and subscribing a written instrument purporting to be a contract are presumably the parties described in the body of the instrument as the contractors, when they are capable of fitting the description in the body of the instrument and it does not affirmatively appear that they are not the parties so described. Where in the body of the instrument the designation for one of the contracting parties is ambiguous, but is capable of a construction which would fit the description of one of the subscribing parties, it will be given such a construction rather than another…