Hardie-Tynes Foundry & Machine Co. v. Glen Allen Oil Mill
Mississippi Supreme Court
Erom tbe circuit court of Washington county. IIon. A. McC. Kimbrough, Judge. The G-len Allen Oil Mill, appellee, was plaintiff in the court below; the Hardie-Tynes Foundry & Machine Co., appellant, was defendant there. Both parties were corporations. From a judgment in plaintiff’s favor defendant appealed to thé supreme court. The facts are stated in the opinion of the court.
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Erom tbe circuit court of Washington county. IIon. A. McC. Kimbrough, Judge. The G-len Allen Oil Mill, appellee, was plaintiff in the court below; the Hardie-Tynes Foundry & Machine Co., appellant, was defendant there. Both parties were corporations. From a judgment in plaintiff’s favor defendant appealed to thé supreme court. The facts are stated in the opinion of the court. A cardinal rule for the interpretation of contracts is that the intention of the parties must govern. While it is true that the words of the contract are to be considered in determining the intent of the parties, it is…
1Opinion of the Court
Oali-ioon, L,
delivered the opinion of the court.
The declaration of the oil mill claims five dollars per diem as liquidated damages under an alleged contract to pay that sum on failure of appellant to ship a Corliss engine, etc., on August 15, 1902, for every day the shipment was delayed beyond that time. The proposition of the company, accepted by the oil mill May 22, 1902, and thus becoming a contract on its face complete, is on a printed blank, the spaces filled in with writing, and begins thus: “We propose to make and deliver - F. O. B. - August —, 1902, -, unless delayed by strikes, fires…
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- Gabbert v. William Seymour Edwards Oil Co.West Virginia Supreme Court · 1916