J. S. Strafford Publishing Co. v. N. Stetson & Co.

Citations

• 41 Pa. Super. 560
• 1910 Pa. Super. LEXIS 266

Syllabus

<p>Contracts — Construction-—Ambiguous terms — Evidence—Custom.</p> <p>1. In the interpretation of a contract words are to be given their plain, ordinary and popular meaning, unless they have acquired a peculiar sense in respect to the particular subject-matter, or unless the contract shows that the parties used them in some other and peculiar sense.</p> <p>2. The meaning of the terms of art and technical phrases when employed in a contract may be proved by extrinsic evidence, and in so doing the rule which prohibits the introduction of evidence to alter, vary or explain a written contract is not violated. In receiving such evidence the court does no more than when it refers to a lexicon to ascertain the meaning of a word. It is the only means of ascertaining the intention of the parties when they enter into the agreement and use an ambiguous expression, and when its meaning can be thus ascertained it must control.</p> <p>3. Where a contract for the insertion of an advertisement in the programme of a vaudeville theater states that the insertion is “for the theatrical season of 1902 and 1903,” parol evidence is admissible to show what was understood in the profession by the words “theatrical season,” as applicable to vaudeville theaters, but evidence as to the signification of the words in connection with theaters of a different kind or class is not admissible.</p>