Williams v. Bernath

ON MOTION FOR REHEARING.

MacIntyre, J.

In his motion for rehearing the plaintiff in error contends that this court erred in holding that the contract contained the implied condition that the lessee was not obligated to return the personal property unless the same was in existence at the time of the termination of the lease. Intention or meaning may be manifested or conveyed either expressly or impliedly. We recognize the principle of law, urged by the plaintiff in error as here applicable, that no terms or conditions can be implied which are inconsistent with the expressed provisions of the…