Scotch Manufacturing Co. v. Carr

Citations

• 53 Fla. 480

Syllabus

<p>1. It is a cardinal rule in the construction of contracts that the intention of the parties thereto is to govern.</p> <p>2. In case of an oral contract, where there is some conflict in the testimony as to just what language was used by the respective contracting parties, the construction placed upon the terms and conditions of the contract by the parties themselves may be shown and will govern.</p> <p>'3.' The principles of technical nicety cannot be strictly applied to the construction of every day oral contracts made by plain business men in their course of trade and traffic, as to do so would frequently result in overthrowing the meaning and understanding of the parties.</p> <p>.4. On a conditional sale, where the seller reserves title to the property until payment of the purchase money, on default of payment thereof, as stipulated, the seller can maintain an action of replevin for such property.</p>