Hattiesburg Plumbing Co. v. Carmichael & Co.
Cases that cite this one
2 later published cases cite this decision.
- Lange v. City of Batesville (Miss. Ct. App. 2008)
- Luria Bros. & Co. v. Klaff (Md. 1921)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.