Mooney v. Merriam

Citations

• 77 Kan. 305
• 94 P. 263
• 1908 Kan. LEXIS 263

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fire-insurance — • Oral Contract ■ — Definiteness. In order to recover damages for the loss of property destroyed by fire, on the ground of the failure to carry out the terms of an oral contract for insurance, the evidence should show with reasonable definiteness that the minds of the parties met upon the subject-matter of the contract and agreed upon its terms.</p> <p>2. -Breach of Contract — Action against Agents — Demurrer to Evidence. In an action like the one referred to in the preceding paragraph, where the evidence leaves it uncertain as to whether the oral contract for insurance was one which required defendants to write the insurance in a certain company of which they were agents, or, on the other hand, left it to the agents to determine in what company it should be placed, and is likewise indefinite and uncertain with respect to the subject-matter of the contract, the risk insured against, the duration of the risk, the amount of the insurance and the premium to be paid, no recovery can be had, and a demurrer to the evidence should be sustained.</p>