McNair & Wade Land Co. v. Adams

Citations

• 54 Fla. 550

Syllabus

<p>1. While it is a well settled rule that parol evidence is not admissible to vary or contradict the terms of a written instrument, and that a written contract which is intelligible on its face must control, yet it is equally true that parties to a written agreement may prove facts consistent with the agreement, although, not expressed in it.</p> <p>2. In construing a deed, the design of the maker must be gathered from the whole instrument. The subject matter embraced in the instrument; .the intention of the parties, and the conditions surrounding them may be considered. If clauses in the instrument are repugnant to each other, they must be reconciled if possible, and the intent, and not the words, is the principal thing to be regarded.</p> <p>3. Parties may make a contract, whereby one would be entitled to a perpetual right to enter upon the land of another and remove growing timber therefrom; but, as such an agreement is so unreasonable in its nature, no contract will be held to have this effect, unless it is so plainly manifest, from the terms of the same, that such was the intention of the parties.</p> <p>4. In determining what would be a reasonable time to be allowed the purchaser of growing timber to remove the same, all the facts and circumstances of the case and the conditions surrounding the parties at the time of the execution of the contract of purchase should be considered. The question of what is a reasonable time, is not to be determined by the will of the grantor.</p>