Boston Insurance Co. v. Harmon

on rehearing.

Gardner, J.

The movant insists that the court in rendering its judgment holding that there had been such failure of compliance with the Code, § 70-305, with reference to briefing of evidence as to require an affirmance of the judgment of the lower court, erred in its judgment; first, because the law (§ 20-704) requires that the construction which will uphold the contract (policy in this case) in whole and every part is to be preferred, and that the whole contract should be looked to in arriving at the construction of any part, and that for this reason the court should not penalize…