Harrison v. Kansas City, Clinton & Springfield Railroad
Missouri Court of Appeals
Appeal from the Dade Circuit Court. — Hon. D. P.. Stratton, Judge. (1) The prior parol contract having been fully expressed and reiterated in the subsequent correspondence with defendant’s president, the four letters read in evidence by the defendant and comprising the correspondence on the subject, when taken together fully make out a written contract between the plaintiff’s firm and the defendant for the ties in controversy, and it was not competent for the plaintiff and…
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Appeal from the Dade Circuit Court. — Hon. D. P.. Stratton, Judge. (1) The prior parol contract having been fully expressed and reiterated in the subsequent correspondence with defendant’s president, the four letters read in evidence by the defendant and comprising the correspondence on the subject, when taken together fully make out a written contract between the plaintiff’s firm and the defendant for the ties in controversy, and it was not competent for the plaintiff and his former partner, in the face of these letters, to deny the contract, or in any manner vary it by parol, and,…
1Opinion of the CourtSmith, P. J.
— The allegations of the plaintiff’s petition were that, on the first day of February, 1886, the plaintiff and his then partner, under the name of Bowman & Harrison, contracted with defendant to deliver nineteen thousand or more cross ties on its right of way, and for which defendant agreed to pay forty cents each for all eight-inch specifications and thirty-five cents each for all seven-inch specifications, and that under the contract they delivered fifteen thousand, five hundred and sixty-four eight-inch specification and four thousand and eighteen seven-inch. specification ties; that…
2Cases cited7 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Bunce v. BeckSupreme Court of Missouri · 1869
- Edwards v. ThomasSupreme Court of Missouri · 1877
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Crews v. GarneauMissouri Court of Appeals · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sanders v. ChartrandSupreme Court of Missouri · 1900
- James Halpin Manufacturing Co. v. School District of CaliforniaMissouri Court of Appeals · 1893
- Meux v. HallerMissouri Court of Appeals · 1913
- W. F. Wilson & Son v. RusslerMissouri Court of Appeals · 1902
- Shook v. Retail Hardware Mutual Fire InsuranceMissouri Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.