Traders' Insurance Co. of Chicago v. Edwards Post No. 22, Grand Army of the Republic
Traders' Insurance Co. of Chicago v. Edwards Post No. 22, Grand Army of the Republic
Opinion of the Court
delivered the opinion of the court.
The time for which appellant undertook to insure the society hall of appellee and its furniture and paraphernalia is fixed in the policy as being “for the term of three years, from January 14, 1903, at noon, to January 14, 1904, at noon.” This attempted statement of the time for the duration of the contract involves two descriptions, each of. which is perfectly clear in itself, but which are mutually inconsistent and contradictory. It is a palpable case of equivocation in description, induced, doubtless, by clerical misprision. The court erred in not permitting the introduction of parol evidence to show which of the two periods named in the policy was the one in contemplation of the parties. Parol evidence is admissible in such a case, not to vary the contract nor to make a contract for the parties, but to make clear what the contract really was.
Reversed and remanded.
Reference
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- Traders' Insurance Company of Chicago v. Edwards Post No. 22, Grand Army of the Republic
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- 1. Evidence. Written contract. Contradictory provisions. Parol. Where a -written, contract contains two descriptions of the time during which it was to he operative, each of which is perfectly clear in itself hut contradictory of the other, parol evidence is admissible, not to vary the contract nor to make a contract, hut to show what the contract really was. 3. Same. Insurance policy. Ambiguity. Where a fire insurance policy hy its terms insured property “for a term of three years, from the 14th day of January, 1903, to the 14th day of January, 1904,”- parol evidence was admissible in an action on the policy to show which of the two periods named therein was the one in contemplation of the parties.