Legal Opinion

Western Advertising Co. v. Star Publishing Co.

Missouri Court of Appeals

Decided December 14, 1909PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Son. Roht. M. Foster, Judge. (1) The two papers, i. e., the lease by which the; advertising company agreed to furnish advertising for the use and benefit of the Star Publishing Company, and the contract dated March 31, 1905, to furnish advertising for the same corporation at the rate of $633.33 per month, are one contract and should be construed together.

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Appeal from St. Louis City Circuit Court. — Son. Roht. M. Foster, Judge. (1) The two papers, i. e., the lease by which the; advertising company agreed to furnish advertising for the use and benefit of the Star Publishing Company, and the contract dated March 31, 1905, to furnish advertising for the same corporation at the rate of $633.33 per month, are one contract and should be construed together. Lawson on Contracts, sec. 329; Stacey v. Randall, 17 111. 467; Hill v. Huntress, 43 N. H. 480; Make-peace v. Harvard College, 20 Am. Dec. 521; Wallis v. Beauchamp, 15 Tex. 303; Owings v. Emery, 7…

1Opinion of the CourtReynolds, P. J.

(after stating the facts).— It will be seen from the statement of facts in the case that the contention of the defendant was based upon the proposition that the lease .of January 15, 1904, and the two advertising contracts of August 15, 1904, and March 31, 1905, were to be construed as practically one instrument, and that the advertising done under the two contracts for advertising was the advertising contemplated in the lease and that rental at the rate of six hundred dollars a year could be applied on the advertising account represented by these two contracts. As an additional point to the…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
  2. Fox v. WindesSupreme Court of Missouri · 1895
  3. Wendover v. BakerSupreme Court of Missouri · 1894
  4. Fitzgerald v. BarkerSupreme Court of Missouri · 1884
  5. Blodgett v. SchafferSupreme Court of Missouri · 1888

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3Cited by7 opinions

  1. Peterson v. Miller Rubber Co. of New YorkCourt of Appeals for the Eighth Circuit · 1928
  2. Garden v. HainesSupreme Court of Kansas · 1944
  3. Atlantic Dredging & Construction Co. v. Nashville Bridge Co.Court of Appeals for the Fifth Circuit · 1932
  4. MacLorinan v. FinleySupreme Court of Kansas · 1927
  5. McConnon Company v. KuhlmannMissouri Court of Appeals · 1926

2 more not listed; retrieve them via the Exa API.

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