Kellerman Contracting Co. v. Chicago House Wrecking Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) Where parties have reduced their contract to writing, it is conclusively presumed that the writing embodies and expresses their entire agreement. In arriving at the meaning of that agreement, the court is limited to the language employed by the parties. “The question is not, what did the parties mean to say but what is the meaning of what they have said.” Missouri Edison Co. v. Bry, 88 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) Where parties have reduced their contract to writing, it is conclusively presumed that the writing embodies and expresses their entire agreement. In arriving at the meaning of that agreement, the court is limited to the language employed by the parties. “The question is not, what did the parties mean to say but what is the meaning of what they have said.” Missouri Edison Co. v. Bry, 88 Mo. App. 138; Addison on Contracts (8th Ed.), p. 183; 1 Greenleaf on Evidence, see. 277. (2) Where the contract is express, no…
1Opinion of the CourtGoode, J.
— The parties entered into the following contract:
'“St. Louis, 2-7-05.
“Kellerman Contracting Company,
“418 Roe Building, City.
“Gentlemen: We accept your proposition of $600 for the German House, also the Restaurant and all ma*395terial therein, excepting such as belongs to the German Commission, and certain plumbing. This is free of all incumbrances, liens, etc.
“Payment to be made for the above property when same is delivered to us.
“Yours truly,
“Chicago House Wrecking Company,
“A. Harris, Prest.
“Accepted: Kellerman Contracting Company,
“Wm. Lehr, Seer.”
The buildings mentioned in the contract were…
2Cases cited6 opinions
- Cole v. ArmourSupreme Court of Missouri · 1900
- Clements v. YeatesSupreme Court of Missouri · 1879
- Winter v. GorsuchCourt of Appeals of Maryland · 1879
- State v. SchilbSupreme Court of Missouri · 1900
- Crane v. MurrayMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Quigley v. KingMissouri Court of Appeals · 1914