DeCamps v. Carpin

Citations

• 19 S.C. 121
• 1883 S.C. LEXIS 63

Syllabus

<p>1. The construction of a written contract is a question for the court and not for the jury.</p> <p>2. A written contract by C. to be surety for the debts of J. to D., held from its terms not to include an existing liability of D. as surety for J., and which had not then been paid by D.; and parol testimony was inadmissible to prove that such was the understanding of the parties.</p> <p>3. There being in this case, not merely a want of evidence to sustain a valid claim, but the absence of any legal demand whatever, the judgment below for plaintiff was reversed and the complaint dismissed. This case thus distinguished from the cases of Carter v. Mailroad Company, and Carrier & Harris v. Borrante, ante pp. 20 and 30.</p>