Bader v. Chicago Mill & Lumber Co.
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry 0. Riley, Judge. This agreement is in no sense ambiguous. Its meaning upon its face is so clear that he who runs 'may-read and understand. But even if it were ambiguous and uncertain and indefinite, as it is not, it must be, when construed, so construed as to be held most strongly against the maker, or him who. makes profert of it— verba fortius accipiunter contra proferentum.
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Appeal from Pemiscot Circuit Court. — Hon. Henry 0. Riley, Judge. This agreement is in no sense ambiguous. Its meaning upon its face is so clear that he who runs 'may-read and understand. But even if it were ambiguous and uncertain and indefinite, as it is not, it must be, when construed, so construed as to be held most strongly against the maker, or him who. makes profert of it— verba fortius accipiunter contra proferentum. Neither a surety, a guarantor, nor an acceptor can be charged beyond the precise terms of his engagement. Shine’s Administrator v. Bank, 70 Mo. 524; Cochrane v. Stewart…
1Opinion of the Court
BLAND P. J.
The action is bottomed on the following contract:
“This agreement, made and entered into this thirty-first day of Jnly, 1900, by and between W. H. Huffman, of Pemiscot county, in the State of Missouri, party of the first part, and J. W. Thompson, of Pemiscot county, Missouri, party of the second part, witnesseth: That the said party of the second part, in consideration of the covenants and agreements herein contained, and in consideration of and in order to pay certain debts due and owing to first party, as well as for debts due Pemiscot County Bank for which said first party is…
2Cases cited12 opinions
- Lingenfelder v. Wainwright Brewing Co.Supreme Court of Missouri · 1890
- Howard County v. BakerSupreme Court of Missouri · 1894
- San Jacinto Oil Co. v. Fort Worth Light & Power Co.Court of Appeals of Texas · 1906
- Vogt v. ButlerSupreme Court of Missouri · 1891
- Bissell v. WardeSupreme Court of Missouri · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State ex rel. Finch v. DuncanMissouri Court of Appeals · 1917
- Berry v. Massachusetts Bonding & InsuranceMissouri Court of Appeals · 1920
- Burke v. McClureMissouri Court of Appeals · 1922
- Wood v. White Eagle Oil & Refining Co.Missouri Court of Appeals · 1925