Lipscomb & Russ v. Cole
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — JIon. J. W. Henry, Judge. (1) The plaintiffs having accepted the written proposition of the defendant whereby they became conditional purchasers at a reduced price, and the proposition being in writing unambiguous and in recitals unconnected with the contract of agency, and itbeingthe last expression of the agreement between plaintiffs and defendant, its meaning can not be changed or varied by parol evidence and plaintiffs are…
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Appeal from the Jaclcson Circuit Court. — JIon. J. W. Henry, Judge. (1) The plaintiffs having accepted the written proposition of the defendant whereby they became conditional purchasers at a reduced price, and the proposition being in writing unambiguous and in recitals unconnected with the contract of agency, and itbeingthe last expression of the agreement between plaintiffs and defendant, its meaning can not be changed or varied by parol evidence and plaintiffs are es-topped to deny its force and effect. Savings Ass’n v. Kehlor, 7 Mo. App. 158; Lewis v. Ins. Co., 3 Mo. App. 372; Emin v.…
1Opinion of the CourtEllison, J.
statement. This is an action to recover commission for the sale of defendant’s farm lands lying in Jackson county, Missouri. Plaintiffs obtained judgment in the circuit court on a trial without the aid of a jury.
The following writings signed by defendant afford the principal foundation for plaintiffs’ claim as well as one of defendant’s defenses:
“Kansas City, Mo., May 17, 1895.
“Mr. J. H. Lipscomb:
“You will please sell for me my home farm of about 410 acres, more or less, in secs. 26, 36 and 25, in town. 49, r. 33, Jackson county, Mo., at one hundred dollars per acre, $40 cash and balance in…
2Cases cited10 opinions
- Tyler v. ParrSupreme Court of Missouri · 1873
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Bell v. KaiserSupreme Court of Missouri · 1872
- Ramsey v. WestMissouri Court of Appeals · 1888
- Stinde v. BleschMissouri Court of Appeals · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Merton v. J. I. Case Threshing Machine Co.Missouri Court of Appeals · 1903