Thorpe

This is an appeal by plaintiff upon the judgment-roll, from a judgment in his favor for $653 and interest and costs. The controversy arises over the construction of a written contract for the purchase by defendant from plaintiff of certain parcels of real property, and the sole question for determination is whether or not in reckoning and determining the total purchase price at the rate per acre stipulated in the contract, the area of the public street known as Old South Street whereon certain of said parcels abutted should be included. The trial court in the making of the award to the plaintiff excluded such area and rendered a judgment accordingly.

The contract by way of recital states: 1. The defendant “is desirous of acquiring title to a strip of land one hundred ten (110) feet in width over and across said Carlton Tract, said strip being that portion of said tract (and including the present South Street) lying between the southerly line of the present right of way of Pacific Electric Railway and a line 110 feet southerly from . . . said southerly right of way line, and being parallel therewith; and all that portion of Texas; Maryland and Virginia Streets within said strip.…