LINDSAY v. INSURANCE CO

Contract in Writing, Construction of.

Where the letters between the parties constitute a written contract, it devolves upon the court to ascertain the intention of the parties and to declare their rights thereunder.

PER CURIAM.

The letters of the defendant's agent to the plaintiff, and his replies thereto, constitute a written contract between the parties. It was for the court, therefore, to ascertain the intention of the parties and to declare their rights thereunder. Simpson v. Pegram, 112 N.C. 541. The services to be rendered and their value were fixed by that written contract, upon which we think his Honor put the proper construction.

Affirmed.

Cited: Wilson v. Cotton Mills, 140 N.C. 56.

(223)