St. Landry State Bank v. Meyers

Citations

• 52 La. Ann. 1769

Syllabus

<p>Syllabus.</p> <p>1. Unless error, fraud or latent ambiguity be averred, parol testimony is inadmissible against or beyond what is recited in a written act, or as to what may have been said before, or at the time of making it, or since.</p> <p>2. Application is made of the principle upon which rests the maxim: “Expréselo imius personae, rel rei, est exchislo alterms.”</p> <p>3. Nor can a party be permitted to accept and enjoy the benefits of a contract and at the same time repudiate Its obligations.</p> <p>On Reheaking.</p> <p>1. Where a contract is made between persons professing to act for themselves and not as representatives of others, and one of the contracting parties seeks to fix a liability arising therefrom upon an alleged principal of the other, the burden of proof rests upon the party, so seeking, to show that the contract was made by the other on behalf of such principal and inured to the benefit of the latter.</p> <p>2. The meaning of a word, used in a contract, is to be ascertained by considering it in its relation to the context, -and -to the immediate subject matter of such contract, and not by attributing to it an absolute signification, irrespective of the connection in which it is used.</p> <p>3. Where a provision inserted in a written contract by one of the contracting parties, is susceptible of two interpretations, the other contracting party is entitled to the interpretation most favorable to him, but parol evidence maybe admitted without special plea, to explain the ambiguity.</p>