Tommy’s Uncle Jed was a reckless driver who “auto” have recognized higher.
After shopping for an costly and flashy Cadillac, he tried to beat a site visitors mild earlier than it turned purple and collided with a second car, which had the appropriate of method.
The end result?
Uncle Jed died in good well being, whereas his Cadillac ended up in first-crash situation … a complete and full wreck. However, so far as Tommy was involved, the accident had a silver lining. Beneath his final will and testomony, Tommy’s Uncle Jed left Tommy his vivid, shiny new Cadillac.
Consequently, when his uncle died within the crash, Tommy filed a declare along with his late uncle’s property to recuperate the bundle of cash his uncle’s insurance coverage firm had paid the property for the entire destruction of the Cadillac.
“Sorry, son,” defined the executor of his uncle’s property, “however you inherited an vehicle that not exists. It was a complete wreck … which is now price solely a few bucks as junk … so, that is all of your bequest is price.”
“That is absurd,” protested Tommy. “Any math trainer will let you know that issues equal to the identical factor are equal to one another. For the reason that automotive was price all the cash that was paid for it is destruction, I am entitled to that cash in lieu of the automotive.”
IF YOUR WERE THE JUDGE …
Would you order the executor of Jed’s property to pay Tommy the cash the property obtained for the destruction of Uncle Ted’s automotive or it is worth as junk.
THIS IS HOW THE JUDGE RULED …
The choose dominated that below his uncle’s will, Tommy wasn’t given any curiosity within the insurance coverage coverage that insured his uncle’s automotive, however solely within the Cadillac. Due to this fact, concluded the choose, Tommy was solely entitled to obtain the worth of the Cadillac as junk.
Based mostly on a 1952 Oklahoma Supreme Courtroom choice.