Turner v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from the Webster County Circuit Court, W. J. Wallace, Judge. Evidence is not admissible to prove a parol agreement, entered into either before or at the time of the signing and delivery of a written contract, which will contradict the terms thereof. Railroad Oo. v. Cleery, 77 Mo. 634 ; Longv.
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Appeal from the Webster County Circuit Court, W. J. Wallace, Judge. Evidence is not admissible to prove a parol agreement, entered into either before or at the time of the signing and delivery of a written contract, which will contradict the terms thereof. Railroad Oo. v. Cleery, 77 Mo. 634 ; Longv. Railroad Go., 50 N. Y. 76 ; Belger v. Dinsmore, 51 N. Y. 166; Gollender v. Dinsmore-, 55 N. Y. 200; HincMey v. Railroad Go,., 56 N. Y. 429. Neither the local station agent at Springfield nor at Strafford had any express or implied authority to make such a contract. No one was authorized to do so…
1Opinion of the CourtRombauer, J.
At the date of the grievances complained of, the defend*633ant operated a railway running through Springfield and Strafford, in Missouri, and Cherryvale, Kansas. J. W. Hall was its station agent in Springfield, and W. S. Melton at Strafford.
The plaintiffs, being about to ship some live stock, applied to agent Hall for a contract of through freight from Strafford, Missouri, to Harper, Kansas.
Harper lay beyond Cherryvale, and was not on the defendant’s railway, but on the Southern Kansas Railway, which intersected the defendant’s road at Cherry-vale.
The plaintiffs claim that the live stock was…
2Cases cited5 opinions
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
- Jones v. LoudermanSupreme Court of Missouri · 1866
- Hay v. ShortSupreme Court of Missouri · 1871
3Cited by10 opinions
- Crouch v. Louisville & Nashville RailroadMissouri Court of Appeals · 1890
- Kingsland & Ferguson Manufacturing Co. v. St. Louis Malleable Iron Co.Missouri Court of Appeals · 1888
- Patterson v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
- Minter Bros. v. Southern Kansas RailroadMissouri Court of Appeals · 1894
- Marshall Medicine Co. v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
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