53 Fla. 480 | Fla. | 1907
This is an action of replevin instituted by the defendant in error, Stephen C. Carr, against the plaintiff in error, The Scotch Manufacturing Company, a corporation, in the circuit court for Santa Bosa county, to recover the possession of certain chattel's, consisting of oxen, yokes and bows, log cart and chains, alleged to be of the value of $200. The declaration is in the usual form, to which the defendant interposed a plea of not guilty. The property was re-delivered to defendant upon its forthcoming bond. A trial was had before a jury, which resulted in a verdict in favor of plaintiff, in which the value of the property was fixed at $275. Judgment was duly entered, in accordance with the verdict, against defendant and its two sureties, but it was after-wards modified by agreement in open court so as to deduct from the value of the property recovered as adjudged the sum of $40 for the value of one ox, which it was agreed defendant did not have in its possession. A writ of error to this judgment was sued out, returnable to the present term. Seven errors are assigned, but in view of the conclusion which we have reached it is unnecessary to discuss, them in detail.
We find from the testimony that the plaintiff sold the property in question to one E. L. Hinote for the sum of $200, to be paid at the rate of $20 per month until the amount of the purchase money was paid. No written contract or agreement’ was ever entered into or drawn up,, but the trade was consummated verbally. There is some slight conflict in.the testimony as to just what was said between the parties at the time, but it seems clear from the testimony of the plaintiff, of E. L. Hinote and of T. J. Hinote, the father of the purchaser, who was present at
It is contended by defendant that the sale by plaintiff to E. L. Binote should be construed as a chattel mortgage, while plaintiff contends that it was a conditional sale. Quite an array of authorities have been cited to us, but we see no occasion for discussing them. ' It is a cardinal rule in the construction of contracts that the intention of the parties thereto is to govern, gee Pensacola Gas Co. v. Lotze, 23 Fla. 368, 2 South. Rep. 609; Webster v. Clark, 34 Fla. 637, 16 Suth. Rep. 601, S. C. 43 Amer. St. Rep. 217, 27 L. R. A. 126; Shouse v. Doane, 39 Fla. 95, 21 South. Rep. 807. If it be true, even in the case of a written contract the terms of which are doubtful or ambiguous, that the construction placed thereon by the parties themselves may be shown and shall govern, as the cited cases hold, with how much more force does this principle apply to oral contracts? The principles of
The judgment must be affirmed, and it is so ordered.