Latent Ambiguity

An ambiguity (q. v.) which does not appear upon a bare inspection of the language of an instrument, but is raised by some extrinsic evidence concerning the subject-matter. The importance of distinguishing between latent and patent ambiguities lies in the application of the rule that, if the ambiguity is latent, parol evidence may be received to show what meaning was actually intended; but not so if it is a patent one. If the language is lucid on its face, but extrinsic facts raise a double meaning, as if a testator gives a legacy "to my nephew John," and evidence aliunde shows that he had two nephews named John, the inquiry into the extrinsic facts may be pursued as far as necessary to ascertain which meaning corresponds with the party's intent. But, if the language itself conveys two meanings, the question which is the one intended must be resolved by the rules of construction, aided, in proper cases, by a general consideration of the circumstances under which the instrument was made. A latent ambiguity arises where words apply equally to two different things or subject-matters. The things must be different; and the parties must, on account of such difference, have intended one, and not the other; for, where the parties may have intended either of the two things in dispute, the term "latent ambiguity" does not apply. A contract for shipment of goods which does not specify which one of two available routes shall be employed, does not present a case of latent ambiguity.

Webster v. Paul, 10 Ohio St. 534.