Jessee v. Aycoth
In Jessee v. Aycoth, 202 W.Va. 215, 503 S.E.2d 528 (1998), the lower court had examined a settlement agreement in a divorce case and had determined that the agreement was "vague and uncertain." 202 W. Va. at 218, 503 S.E.2d at 531.
The lower court permitted parol evidence to be offered to determine the effect of the agreement. Id.
The Jesssee Court reasoned:
"In the instant case, the provision in the settlement agreement relating to the marital residence was clear and unambiguous as to the division of duties and the division of equity. However, the provision was entirely silent regarding when the residence was to be sold. Therefore, the lower court was correct to admit parol evidence, in order to ascertain the intent of the parties." Id.