Pensacola Gas Co. v. A. Lotze's Sons & Co.

Citations

• 23 Fla. 368

Syllabus

<p>1. In construing a contract all its parts should be considered; and the point to be ascertained is the meaning and understanding of the parties, as shown by the language used, applied to the subject matter.</p> <p>2. One part of an agreement may be resorted to to explain the meaning- of the language or expressions of another part.</p> <p>3. The lessee of a hotel, and bis lessors and his creditors, who had a mortgage on the hotel outfit, and whose claims were past due, and one 0. entered into an agreement whereby the creditors agreed to forbear the enforcement of their claims for a Stated period. The lessors also made certain concessions for the period stated, or until the creditors should, within such period, be paid. The creditors were also given a lien on additional personal property in and about the hotel. The lessee, Hickey, by said agreement, conveyed to 0. all the personal property in and about the hotel, and agreed, as did the lessors, that 0. should take entire and exclusive charge and management of the hotel, subject only to the right of Hickey, “as innkeeper, to manage said hotel for the-accommodation of transient guests and boarders for the use and benefit entirely of the ” creditors. It was agreed by all that 0. should render the lessors and creditors at least once a month a statement of the business of the hotel, of which he was to be clerk and bookkeeper, and have exclusive charge of all accounts pertaining to its business, keeping also a personal expense account with H.; and that he should remit to the creditors with such monthly statements all moneys over and above the current expenses of the hotel. Upon full payment by 0., within the period stated, of the sums due the creditors, he was to re-convey to Hickey, but upon failure to pay in full he was to oonvey to the creditors, unless the lessors should assume the indebtedness, when conveyance was to be made to the lessors; Held,</p> <p>1st. That the “creditors” (defendants and appellees) did not by