77 Ga. 376 | Ga. | 1887
There are several assignments of error in the record. The plaintiff in the court below relied upon the following writing to show the contract between herself and the railroad company:
“ Station No. 23, October 15,1881.
“Beceived from J. D. Collins, in good order, the following articles for shipment to W. P. Jackson, Cedar Keys, Pla.: 1 bdl. bedding.
Name: Care B. B. agt., Callahan.
(Signed; D. M. Mitchell, Agt.”
The defendant proposed to show by the agent the meaning of the words in said writing, “ Care R. R. agt., Callahan.” This the court refused to allow; and this is the first assignment of error.
This contract may be either express or implied, but it is always necessary to ascertain what is the contract between the parties. If the contract is in writing and there be ambiguity about the same, then parol evidence is admissible to explain the meaning of the ambiguity; not to vary the writing, but for the purpose of ascertaining its meaning. This writing, as it appears to us, is ambiguous. The words therein, “ Care R. It- agt., Callahan,” were certainly in
These are the three material assignments of error. No others need be considered by this court, and from what has been said, a new trial must necessarily result.
Judgment reversed.