2021 Georgia Code
Title 13 - Contracts
Chapter 2 - Construction
§ 13-2-3. Ascertainment and Enforcement of Intention of Parties Generally

The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words are used to arrive at the intention, it shall be enforced irrespective of all technical or arbitrary rules of construction.

(Orig. Code 1863, § 2719; Code 1868, § 2713; Code 1873, § 2755; Code 1882, § 2755; Civil Code 1895, § 3673; Civil Code 1910, § 4266; Code 1933, § 20-702.)

- For article, "Limitations on the Meaning and Impact of DeGarmo v. DeGarmo," see 4 Ga. St. B.J. 20 (1998). For comment advocating liberal construction of indefinite employment contract, in light of Gray v. Aiken, 205 Ga. 649, 54 S.E.2d 587 (1949), see 1 Mercer L. Rev. 304 (1950). For comment on Rose City Foods, Inc. v. Bank of Thomas County, 207 Ga. 477, 62 S.E.2d 145 (1950), see 13 Ga. B.J. 471 (1951).

ANALYSIS

• General Consideration
• Ascertaining Intent of Parties
• Validating Construction Preferred
• Application

OPINIONS OF THE ATTORNEY GENERAL

Meaning of term "qualified physical therapist" probably for judicial rather than jury determination.

- In determining meaning of term "qualified physical therapist," court would be inclined to decide question in favor of judicial construction rather than determination by jury. 1969 Op. Att'y Gen. No. 69-483.

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Contracts, §§ 1 et seq., 18 et seq.

- 17A C.J.S., Contracts, §§ 295, 300, 305, 346.

- Construction of contract for sale of commodity to the extent of the buyer's requirements, 7 A.L.R. 498.

Admissibility of parol evidence to show that a bill or note was conditional, or given for a special purpose, 20 A.L.R. 421; 54 A.L.R. 702, 75 A.L.R. 1519, 105 A.L.R. 1346.

Circumstances other than relationship of parties which repel inference of an agreement to pay for work performed at one's request, or with his acquiescence, 54 A.L.R. 548.

Admissibility of parol evidence to vary or explain contract implied from the regular endorsement of a bill or note, 54 A.L.R. 999, 92 A.L.R. 721.

Duty of lessee under oil or gas lease to drill "protection" wells, 60 A.L.R. 950.

Contract granting timber rights as covering timber that becomes such, or reaches prescribed dimensions, after execution, but during period covered, 94 A.L.R. 1420.

Construction and application of provision of construction contract as regards retention of percentage of current earnings until completion, 107 A.L.R. 960.

Rights of buyer and seller inter se as affected by invalidity of, or subsequent changes or developments with respect to, tax, 115 A.L.R. 667; 132 A.L.R. 706.

Formal or written instrument as essential to completed contract where the making of such instrument is contemplated by parties to verbal or informal agreement, 122 A.L.R. 1217; 165 A.L.R. 756.

What taxes are within contemplation of contract which provides for payment or assumption of taxes or varies consideration with reference to taxes, 140 A.L.R. 517.

Validity and construction of contract for exclusive representation of persons participating in, or connected with, entertainment enterprises, 175 A.L.R. 617.

Construction and effect of contract for sale of commodity to fill buyer's requirements, 26 A.L.R.2d 1099.

Oil and gas as "minerals" within deed, lease, or license, 37 A.L.R.2d 1440.

Employee's rights with respect to compensation or bonus where he continues in employer's service after expiration of contract for definite term, 53 A.L.R.2d 384.

Size and kind of trees contemplated by contracts or deeds in relation to standing timber, 72 A.L.R.2d 727.

Validity and effect of provision in contract against mechanic's lien, 76 A.L.R.2d 1087; 75 A.L.R.3d 505.

Admissibility of extrinsic evidence to identify person or persons intended to be designated by the name in which a contract is made, 80 A.L.R.2d 1137.

What amounts to development or operation for oil or gas within terms of habendum clause extending primary term while the premises are being "developed or operated", 96 A.L.R.2d 322.

Who, as between landlord and tenant, must make, or bear expense of, alterations, improvements, or repairs ordered by public authorities, 22 A.L.R.3d 521.

Insurance on life of partner as partnership asset, 56 A.L.R.3d 892.

Grant, lease, exception, or reservation of "oil, gas, and other minerals," or the like, as including coal or metallic ores, 59 A.L.R.3d 1146.

Master and servant: regular payment of bonus to employee, without express contract to do so, as raising implication of contract for bonus, 66 A.L.R.3d 1075.

Release or waiver of mechanic's lien by general contractor as affecting rights of subcontractor or materialman, 75 A.L.R.3d 505.

Construction contract provision excusing delay caused by "severe weather,", 85 A.L.R.3d 1085.

Implied duty of oil and gas lessee to protect against drainage, 18 A.L.R.4th 14.

Remedy for breach of implied duty of oil and gas lessee to protect against drainage, 18 A.L.R.4th 147.