Hattiesburg Plumbing Co. v. Carmichael & Co.

Mississippi Supreme Court
Hattiesburg Plumbing Co. v. Carmichael & Co., 80 Miss. 66 (Miss. 1902)
Whitfield

Hattiesburg Plumbing Co. v. Carmichael & Co.

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

The primary definition in all the dictionaries of the word “artesian” indicates a well from which the water flows naturally without artificial pressure; but the secondary definition of this word in the Century and Standard dictionaries, and others, seems to indicate that it may be applied also to wells from which the- water is made to flow by artificial means. The word “artesian,” therefore, becomes a term of equivocal significance, standing unexplained in a contract. It was hence competent to introduce parol testimony to show what meaning it had in this particular contract. The court, consequently, erred in excluding this testimony; it should receive all parol testimony showing what meaning this word “artesian” had as used by the parties to this contract.

Reversed and remanded,

Reference

Full Case Name
Hattiesburg Plumbing Company v. Carmichael & Company
Cited By
2 cases
Status
Published
Syllabus
Evidence. Artesian well. Meaning of term. Parol evidence. The word “artesian,” when applied to a well, indicates in its primary sense a well from which the water flows naturally, and in its secondary sense one from which the water is made to flow by artificial means, and being a term of equivocal significance when standing unexplained in a contract, and parol evidence is admissible to show what meaning it was intended to have by the parties to the contract.