Legal Opinion

Gribble v. Everett

Missouri Court of Appeals

Decided February 3, 1903PublishedCited by 1 opinion

Appeal from Greene Circuit court — How. J. T. Neville, Judge. (1) "When the terms of a written instrument are clear, plain and unmistakable, and neither fraud nor misrepresentation is shown in procuring or inducing the signature, the signer is bound by what he signed, as fully as if he had read it. He is presumed to have read the writing, and is bound by its terms.

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Appeal from Greene Circuit court — How. J. T. Neville, Judge. (1) "When the terms of a written instrument are clear, plain and unmistakable, and neither fraud nor misrepresentation is shown in procuring or inducing the signature, the signer is bound by what he signed, as fully as if he had read it. He is presumed to have read the writing, and is bound by its terms. And a party who is sui juris can not deliberately sign a written contract and then escape its obligations on the ground that he did not know its contents. Railway v. Cleary, 77 Mo. 634; Robinson v. Jarvis, 25 Mo. App. 421; Campbell…

1Opinion of the CourtReyburn, J.

The contract upon which plaintiffs brought this action is a printed form, the substantial part of which is as follows:

“$48.00. Springfield, Mo., January 31, 1899.
“Insert our advertisement in the Frisco Line Magazine one, year, for which we agree to pay four dollars per month, payable quarterly. Space 1-8 page.
“ Springfield Planing Mill & Lumber, Co.
*35“No contract or agreement other than this recognized.”

The contract is on the regular printed form used by plaintiffs, all of which is printed except the figures at the upper lefthand corner, “$48.00,” and. the words “our” in the first line and “one…

2Cases cited1 opinion

  1. Mackey v. BasilMissouri Court of Appeals · 1892

3Cited by1 opinion

  1. Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906

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