Germania Fire Insurance v. Columbia Encaustic Tile Co.

Concurring Opinion.

Davis, J.

In my opinion, on the question of notice or waiver, a special finding of a jury, which contains letters, set out therein, which it is found were written and sent by one party and received by the other, constitutes a sufficient finding of such notice or waiver, when this is the only inference which can be reasonably drawn therefrom, without any further or additional finding by the jury on the subject.

I concur in the result in this case.

Filed Dec. 14, 1894.