Capital City Bank v. Hilson

Citations

• 59 Fla. 215

Syllabus

<p>1. A declaration must show plainly and certainly all the circumstances material to the maintenance of the action, and if there be two intendments it will be taken most strongly against the plaintiff.</p> <p>2. Where the terms of a contract appear on their face to be inserted for the benefit of one of the parties, he will be considered as having inserted such terms and as having chosen the language thereof; and any ambiguity in such language is, therefore, to be construed more strongly against the party making use of such language.</p> <p>3. A contract to indemnify A from certain named obligations of the “C. P. Co and himself personally” covers prima facie only the joint debts 'of the C. P. Co. and A, and does not unaided support an action for the separate indebtedness of either.</p> <p>4. Where in an agreement to indemnify and release B from certain obligations described as the obligations of A and B “personally,” the word “and” will not be construed as meaning “or,” except for strong reasons and in order to carry out the manifest intention of the parties.</p>