Georgia Court of Appeals, 1913

Coleman v. Kea

Coleman v. Kea
Georgia Court of Appeals · Decided June 10, 1913 · Pottle
12 Ga. App. 798; 78 S.E. 429; 1913 Ga. App. LEXIS 757

Coleman v. Kea

Opinion of the Court

Pottle, J.

1. A written contract to furnish “lumber enough to build one dwelling-house” is ambiguous; and it is competent to show by parol that the parties had in mind a particular dwelling-house, which they estimated would require not exceeding a given quantity of lumber. If more than this quantity is delivered and accepted, the party receiving it is bound to pay for the excess.

2. The' evidence fully authorized the verdict rendered, and there was no error, of law requiring a new trial. Judgment affirmed.

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