Kentucky Wagon Mfg. Co. v. People's Supply Co.
Supreme Court of South Carolina
Action by Kentucky Wagon Mfg. Co. against People’s Supply Co. Prom judgment for defendant, plaintiff appeals. The former cite: Construction of contract is for- the Court: 2 Page on Con., sec. 1129; 9 Ency., 591; 17 S. C., 427; 19 S. C., 121. When testimony will be admitted to explain terms used by parties: Page on Con., sec. 1111. Particular construction given to contract by parties is of great weight: 9 Ency., 588. cite: It was duty of agent to inform its principal that…
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Action by Kentucky Wagon Mfg. Co. against People’s Supply Co. Prom judgment for defendant, plaintiff appeals. The former cite: Construction of contract is for- the Court: 2 Page on Con., sec. 1129; 9 Ency., 591; 17 S. C., 427; 19 S. C., 121. When testimony will be admitted to explain terms used by parties: Page on Con., sec. 1111. Particular construction given to contract by parties is of great weight: 9 Ency., 588. cite: It was duty of agent to inform its principal that wagons were not fully insured: 2 Wash., 132; 12 Ency., 1068-1069. Contract should be construed as if made in Kentucky, and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages alleged to have been sustained by the plaintiff in consequence of the defendant’s failure to keep certain property fully insured against loss or damage.
The facts as stated by his Honor, the Circuit Judge, and so much of his charge as gives rise to the questions presented by the exceptions, are as follows:
“Plaintiff alleges that in pursuance of a contract between it and the defendant, People’s Supply Co., the plaintiff had placed on consignment with the defendant as its agent certain wagons to 'be sold and…
2Cases cited3 opinions
- Kyle v. BellengerSupreme Court of Alabama · 1885
- Adams v. TurnerSupreme Court of Connecticut · 1900
- Hall v. RandSupreme Court of Connecticut · 1831
3Cited by5 opinions
- Rhame v. National Grange Mutual InsuranceSupreme Court of South Carolina · 1961
- Chapman v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1934
- Armour Fertilizer Works v. HymanSupreme Court of South Carolina · 1922
- Montalbano v. Automobile Ins. Co. of Hartford, Conn.Supreme Court of South Carolina · 1950
- Devore v. Piedmont Insurance CompanySupreme Court of South Carolina · 1928