Southern Pacific Co. v. Grangers' Business Ass'n

The operator of a public warehouse, engaged in warehousing, cleaning and storing grain for shippers, appeals from a judgment in favor of a common carrier for demurrage on cars consigned to such shippers in its care. This judgment is based upon the following agreement between the parties: “Being fully acquainted with the terms ... of the average basis for settling for detention to cars as set forth in . . . the car demurrage rules . . . and being desirous of availing ourselves of this alternate method of settlement . . . we . . . agree ... (1) that with respect to all cars . . . handled for . . . our account ... we will fully observe and comply with . . . said rules and (2) will make prompt payment of all demurrage charges accruing thereunder ...” (Italics and numerals ours.) The separate and distinct obligations to be performed by appellant, as promisor, definitely and unambiguously expressed, were twofold: The compliance with the rules as to cars handled for its account and (2) the prompt payment of all charges, accruing, irrespective of whom they were to accrue against. In the absence of any ambiguity, the language of the contract is to govern its interpretation. (Civ. Code,…