Crawford v. Oman & Stewart Stone Co.

Citations

• 34 S.C. 90
• 12 L.R.A. 375
• 12 S.E. 929
• 1891 S.C. LEXIS 21

Syllabus

<p>1. Construction op Contract — The word “Shipped.” — A written contract gave to defendants the exclusive right to a quarry of plaintiff for a term of years, the defendants to pay a specified price for all rook shipped. The only railroad accessible to this quarry belonged to strangers and private parties. Held, that the contract was not so unreasonable as to require the court to extend the defendants’ stipulation so as to include rock quarried but not shipped.</p> <p>2. Written Contract — Term of Art. — Where a written contract called for a specified price for dimension stone shipped, and the evidence showed that Belgian blocks were shipped, but was conflicting as to whether Belgian blocks were dimension stone, it was error to charge the jury that Belgian blocks were not technically dimension stone and to leave it to them to say whether it was used in its strict technical sense in this contract. On the contrary, it should have been only left to the jury to say what was the meaning of this term of art in this contract, as such meaning must control.</p>