 | Law reports, digests, etc - 1908 - 2268 pages
...violation or want of performance has not been waived by the Insurer, then the assured cannot recover. It is Immaterial to consider the reasons for the conditions...contract for the parties. Their function and duty consist simply In enforcing and carrying out the one actually made." These principles are applicable... | |
 | Law reports, digests, etc - 1905 - 1104 pages
...violation or want of performance has not been waived by the Insurer, then the assured cannot recover. It Is Immaterial to consider 'the reasons for the...contract for the parties. Their function and duty consist simply In enforcing and carrying out the one actually made." See, also, Jeffries v. Life Insurance... | |
 | Law reports, digests, etc - 1899 - 2058 pages
...Coos Co., 151 Û. 8. 452-^tfi2. 14 Sup. Ct. 379, 381, "that the parties have made certain terms and conditions on which their contract shall continue or terminate. The courts may not make contracts for the parties. Their function and duty consists simply in enforcing and carrying out the... | |
 | Law reports, digests, etc - 1894 - 1266 pages
...violation or want of performance has not been waived by the Insurer, then the assured cannot recover. It is immaterial to consider the reasons for the conditions...contract for the parties. Their function and duty consist simply In enforcing and carrying out the one actually made. It is settled, as laid down by... | |
 | United States. Supreme Court - Law reports, digests, etc - 1894 - 782 pages
...violation or want of performance has not been waived by the insurer, then the assured cannot recover. It is immaterial to consider the reasons for the conditions...contract for the parties. Their function and duty consist simply in enforcing and carrying out the one actually made. It is settled, as laid down by... | |
 | Law reports, digests, etc - 1914 - 1166 pages
...violation or want of performance has not been waived by the insurer, then the assured cannot recover. It is Immaterial to consider the reasons for the conditions...contract for the parties. Their function and duty consist simply in enforcing and carryIng out the one actually made." In Mead v. Insurance Co., 7 NT... | |
 | Law reports, digests, etc - 1915 - 1382 pages
...are employed in building, altering, or repairing the premises," the policy should be void. The court said: "It is immaterial to consider the reasons for...contract for the parties. Their function and duty consist simply in enforcing and carrying out the one actually made." In that case, the court held (at... | |
 | Law reports, digests, etc - 1925 - 1216 pages
...the Insurer, therefore, may justly insist upon the fulfillment of these terms. If the insured canthc contract is made to terminate, or any other provision...The courts may not make a contract for the parties." [4] There is no merit in appellant's contention that the judgment should be reversed because of the... | |
 | Law reports, digests, etc - 1920 - 1278 pages
...general purpose of the parties entering into the contract." This author further says on the same page: "The courts may not make a contract for the parties. Their function and duty consist simply in enforcing and carrying out the one actually made ; and though, where two constructions... | |
 | Appellate courts - 1897 - 808 pages
...violation or want of performance has not been waived by the insurer, then the assured cannot recover. It is immaterial to consider the reasons for the conditions...contract for the parties. Their function and duty consist simply in enforcing and carrying out the one actually made." The judgment of the circuit court... | |
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If the assured has violated, or failed to perform the conditions of the contract, and such violation or want of performance has not been waived by the insurer, then the assured cannot recover. It is immaterial to consider the reasons for the conditions... 
