Heirs of Nat. Watrous v. McKie

Citations

• 54 Tex. 65
• 1880 Tex. LEXIS 126

Syllabus

<p>1. Fact case—Judgment.—See opinion for an agreement for one suit to determine the result of another pending, and for facts under which it was held—</p> <p>1. That a trial of the test case on the merits, and not a judgment by consent or a plea in abatement, was intended.</p> <p>2. That the right to have judgment rendered in the dependent suit resulted from the fact of a recovery in the first suit, and not the grounds of recovery.</p> <p>3. The right to have judgment rendered in the dependent suit could be enforced, though the judgment in the case tried may have been rendered on an issue not common to both suits.</p> <p>2. Construction of written agreements.— Surrounding circumstances may be looked to in order to arrive at the true meaning and intention of parties expressed in the words used in a written agreement; but as the writing is the only outward and visible expression of their meaning, no other words can be added or substituted; the inquiry must be confined to the meaning of the words used.</p> <p>3. Construction.—The construction of a written agreement cannot depend on the motives, purposes or expectations of one of the parties to it, as contradistinguished from the plain import of the words used.</p>