39 Ala. 461 | Ala. | 1864
In tbe construction of contracts, tbe cardinal rule is, to effectuate, if possible, tbe intention of tbe parties; and where tbe contract appears to have been drawn up by a person unskilled in tbe use of language, greater latitude of construction is-permissible, in arriving at tbat intention. — See Shepherd’s Digest, 497, §§ 124,126. When a contract admits of two constructions, one of which will destroy, and tbe other uphold it, tbe latter construction must prevail; thus construing tbe contract most strongly against tbe party promising.—Shepherd’s Dig. 499, § 146; Livingston v. Arrington, 28 Ala. 424. Language, which is not technical in its signification, should be construed in its popular sense.
Beversed and remanded.
I differ from tbe majority of tbe court upon tbe construction given to tbe note sued on, and concur with tbe judge below, in bolding that tbe words “ if tbe conscrip should take J. B. Bobbins,” &c., should be construed to mean, if the conscript law should take — that is, indude, or malee liable. I am of opinion tbe judgment below should be affirmed.