Schmitt v. Bethea

Citations

• 78 Fla. 304
• 82 So. 817

Syllabus

<p>1. If a written contract is ambiguous or obscure in its terms so that the intention of the parties cannot he understood from the language used, parol evidence of the facts and circumstances in the light ‘of which the parties acted and wrote is admissible, not for the purpose of changing the terms of the written instrument, but to elucidate the words used in the contract.</p> <p>2. The general rule excluding pargl evidence to vary the terms of a written instrument .does not (apply to a mere receipt.</p> <p>3 Where the Chancellor’s findings 'of fact result from a misconception of the rules of evidence and their application to the facts offered in evidence, a decree in accordance with such findings which is harmful to the appellant will be reversed.</p>