Beal v. Minneapolis Threshing Machine Co.
Missouri Court of Appeals
Appeal from the Cape Girardeau Circuit Court.—Hon. Henry O. Riley, Judge. (1) The court erred in admitting evidence of previous oral agreements as tó pavement of freight. The contract executed in writing between plaintiff and defendants, is tbe only evidence of their agreement.
Read the full summary
Appeal from the Cape Girardeau Circuit Court.—Hon. Henry O. Riley, Judge. (1) The court erred in admitting evidence of previous oral agreements as tó pavement of freight. The contract executed in writing between plaintiff and defendants, is tbe only evidence of their agreement. "Where parties have reduced their contract to writing, it is conclusively presumed in the absence of accident, fraud or mistake, that the whole engagement and the manner of its performance are embraced in the writing, and all anterior and contemporaneous stipulations and representations are merged in the written…
1Opinion of the CourtBland, P. J.
The suit is to recover $90 freight charges paid by respondents on a threshing outfit stripped by rail from Minneapolis, Minnesota to Jackson, Missouri, on an order and contract of respondents embraced in the same instrument. The order is as follows:
“Order for machinery,
“Dated Onkridge, Mo., June 14, 1897.
“The Minneapolis Threshing Machine Company of Minneapolis, Minn.
“Please furnish to J. I.. Shepyoard at Jackson, from the point and by the route you consider best, on or about the 2Sth day of June, 1897 (or as soon thereafter as you may bo able to obtain transporation)Here follows a…
2Cases cited3 opinions
- Jarrett v. MortonSupreme Court of Missouri · 1869
- Skeen v. Springfield Engine & Thresher Co.Missouri Court of Appeals · 1889
- Sachleben v. HeintzeSupreme Court of Missouri · 1893
3Cited by3 opinions
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
- Waldman Produce, Inc. v. Frigidaire Corp.Appellate Terms of the Supreme Court of New York · 1935
- J. L. Owens Co. v. O'KeeffeSupreme Court of Minnesota · 1918