Cunningham v. Kenney

Citations

• 105 Cal. 118
• 38 P. 645
• 1894 Cal. LEXIS 1121

Syllabus

<p>Bailment—Loss of Hay Stored in Warehouse—Action fob Storage— Entibe Contract.—A contract for the storage of hay in a warehouse for a season beginning October 17th, and ending June 1st, is an entire contract, notwithstanding a provision that the warehouse owner will not be responsible for loss or damage to hay from fire, and, if the warehouse and hay are wholly destroyed by fire before the time for the storage of the hay expires, the storage is not earned, and the warehouse owner cannot maintain an action to recover the price of storage.</p> <p>Id. — Compensation Determined from Contract — Performance.—The right to recover compensation under a contract is to be determined from the contract itself; and in order to recover, the plaintiff must show performance according to the terms.</p> <p>Id.—Proportionate Compensation.—Where the contract does not provide for contingencies, and for a proportionate compensation for proportionate service, the warehouseman cannot recover proportionate compensation.</p> <p>Id.—Power op Court over Contracts.—The court cannot make contracts for parties, but can only determine such contracts as they have made.</p>