Big Muddy Coal & Iron Co. v. St. Louis Carterville Coal Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Ron. Leo S. Rassieur, Judge. (1) The expressed terms of a contract govern the interpretation to he given to said agreement and the terms used are to be given their accepted meaning. Webb v. Ins. Co., 134 Mo. App; 580; Rogers v. Modern Brotherhood, 131 App. 353; Donovan v. Beck, 217 Mo. 70; Lovelace v. Assn., 126 Mo. 104; Linseed Co. v. Eberson, 126 Mo.
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Appeal from St. Louis City Circuit Court.—Ron. Leo S. Rassieur, Judge. (1) The expressed terms of a contract govern the interpretation to he given to said agreement and the terms used are to be given their accepted meaning. Webb v. Ins. Co., 134 Mo. App; 580; Rogers v. Modern Brotherhood, 131 App. 353; Donovan v. Beck, 217 Mo. 70; Lovelace v. Assn., 126 Mo. 104; Linseed Co. v. Eberson, 126 Mo. App. 426. (2) Where two contracts are executed for the delivery of the same commodity and overlap as to time, the law presumes the intention of the parties to be that the contract prior in date is…
1Opinion of the CourtNortoni, J.
This is a suit on an account for coal sold and delivered to defendant, amounting to $2298.42; but the controversy arises on defendant’s answer, which sets forth two counterclaims.
*411The answer admitted the indebtedness to plaintiff ’on account, as alleged in the petition, but set up separately two separate contracts for the purchase of other coal, and declared upon their breach. Because of such alleged breach, defendant prayed a recovery for several thousand dollars against plaintiff, by way of counterclaim.
A jury was waived, and the case tried before the court, which found the issue and gave…
2Cases cited6 opinions
- A. Leschen & Sons Rope Co. v. Mayflower Gold Mining & Reduction Co.Court of Appeals for the Eighth Circuit · 1909
- Russell v. . AllertonNew York Court of Appeals · 1888
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Johnson v. AllenSupreme Court of Alabama · 1884
- Hull Coal & Coke Co. v. Empire Coal & Coke Co.Court of Appeals for the Fourth Circuit · 1902
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3Cited by6 opinions
- Rouggly v. WhitmanMissouri Court of Appeals · 1979
- Caddick Milling Co. v. Moultrie Grocery Co.Court of Appeals of Georgia · 1918
- Miller v. Kamo Electric Cooperative, Inc.Missouri Court of Appeals · 1961
- Bray v. CulpMissouri Court of Appeals · 1920
- Everett v. Emmons Coal Mining Co.Court of Appeals for the Sixth Circuit · 1923
1 more not listed; retrieve them via the Exa API.