Evans v. Western Brass Manufacturing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The trial court erred in admitting, against defendant’s objections, the testimony that the marble trade would understand defendant’s order to mean that the pieces were not to be of the required thickness when polished, that the plaintiffs so understood the order, and that plaintiffs were under no obligations toN fill any more of the order than they saw fit.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The trial court erred in admitting, against defendant’s objections, the testimony that the marble trade would understand defendant’s order to mean that the pieces were not to be of the required thickness when polished, that the plaintiffs so understood the order, and that plaintiffs were under no obligations toN fill any more of the order than they saw fit. Parol evidence is not admissible to prove how a written contract or instrument was understood by one of the parties in an action upon it at law where no fraud is…
1Opinion of the CourtBlack, P. J.
— The plaintiffs are partners owning and operating marble mills at Baltimore, Maryland. The defendant is a corporation located at St. Louis, in this state, and engaged in the business of furnishing plumbers’ supplies. The plaintiff brought 'this suit to recover a balance due upon an open account. A large part of the account is by defendant conceded to be correct. The contest arises oat of three shipments made by the plaintiff to the Hussy-Day Company, under a letter from the defendant to the plaintiffs-, dated the twenty-third of February, 1889.
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2Cases cited8 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Bunce v. BeckSupreme Court of Missouri · 1869
- Southgate v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Soutier v. KellermanSupreme Court of Missouri · 1853
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3Cited by16 opinions
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