Hattiesburg Plumbing Co. v. Carmichael & Co.
Hattiesburg Plumbing Co. v. Carmichael & Co.
Opinion of the Court
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
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- 2 cases
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- 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.