Hardie-Tynes Foundry & Machine Co. v. Glen Allen Oil Mill

Citations

• 84 Miss. 259

Syllabus

<p>1. Contracts. Written and printed parts. Presumption. Construction. It is to be presumed that tbe parties intended a contract to include all of its words and phrases, and this requires that the written and printed parts of an instrument should be reconciled, if it can be done.</p> <p>3. Same. The application of the rule.</p> <p>Where a printed form provides for the delivery of an engine on “-- August, 1902,-, unless delayed by strikes, fires, or manufacturing contingencies beyond our reasonable control,” has added to it a written addendum stating, “It is understood that the above described engine will be shipped August 15, 1902; failing to do so (defendant) agrees to pay as forfeit five dollars per day for each day behind this time,” the addendum should be read with the printed form as providing for the damage and exact date of shipment subject to the clause as to strikes, etc., contained in the printed form.</p> <p>3. Same. Penalty. Liquidated damages.</p> <p>A stipulation in a contract that in case of a failure to deliver an engine on a certain day defendant would “pay as forfeit five dollars per day for each day behind this time” was intended to provide for liquidated damages and was not designed as a penalty.</p>