Pritchett v. Stubbs
Pritchett v. Stubbs
Opinion of the Court
(After stating the foregoing facts.) The parolevidence rule precludes inquiry into the intention of the parties to an unambiguous written instrument. The court was of the opinion that the second contract between the parties was ambiguous as to the payment of interest to Mrs. Pritchett upon the sum agreed to be paid for her share in her mother’s estate. Parol evidence was allowed to show the intention of the parties, and the jury were instructed concerning its effect; and these rulings are the subject-matter of the exceptions. We do not think that the second contract is ambiguous, or discloses indication that it was intended to supersede the first. On the contrary, the second contract is both supplementary to and complementary of the first. The purpose of both contracts was to include in the administration of John M. Stubbs’s estate the one-fifth share of Mrs. Pritchett, inherited from her mother. In the first contract the administrators and heirs of John M. Stubbs agreed, in consideration of Mrs. Pritchett’s permitting her one-fifth share in the land which she inherited from her mother to be administered as a part of the estate of her father, John M. Stubbs, to pay to her the sum of $9,500 and interest on the whole or any part unpaid after October 15, 1908. It was by virtue of this contract that the administrators took charge of Mrs.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.