4 Watts 89 | Pa. | 1835
The opinion of the Court was delivered by
—Ambiguity is the effect of words that have either no definite sense, or else a double one ; and if it be found in the settlement before us, it is because the word dower has a restricted sense in legal proceedings, and an extended one in familiar use. It is said by Mr Chitty, that the plain, ordinary and popular meaning shall prevail, in preference to the strict, grammatical and etymological meaning; but, that the language of a contract may have acquired, by the usage of trade or the like, a peculiar sense distinct from the popular one, and that then such peculiar sense shall prevail. Law of Cont. 20. Now, if commercial terms be taken in their commercial sense, though used by one who was not a merchant; why shall not legal terms be taken in a legal sense, when used by one who was not a lawyer 1 Nothing is said by Mr Chitty, and but little by any one else, expressly in regard to the application of terms of art; but is there an instance in which the technical words of a written contract have received any but a technical interpretation ? “ Words used as terms of art.,” says Comyn, “ ought to be observed.” Parols, A. 2. The difference in this respect between a deed and a will is a familiar one. The technical words of a devise sometimes yield to the apparent intent, in consideration of the frequent inability of dying men to command professional assistance ; but the. technical words even of a testator are to have their legal effect when they have been used without qualification ; and it is only when they appear from the context to have been used in a different sense, that the apparent intent is suffered to prevail. Such is put for the result of the cases in Mr Coxe’s note, 2 P. Wms 478. But the parties to a written contract, having acted by the advice of counsel, or standing chargeable with supineness if they have not, are entitled to no indulgence on the score of ignorance; and cannot have the legal meaning of their words perverted to let in what they may allege to have been their actual intent. This principle alone would decide the question. But
Judgment reversed, and a venire de novo awarded.