Western Building & Loan Ass'n v. Fitzmaurice
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The question of materiality is one of law, for the court.— The State ex rel. v. Dean, 40 Mo. 464; 2 Pars, on Con. 721. An alteration not material in law will not avoid a contract. — Briggs v. Glenn, 7 Mo. 573; Trigg v. Taylor, 27 Mo. 245 ; Ivory v. Michael, 33 Mo. 398 ; Oioings v. Arnot, 33 Mo. 406 ; Presbury v. Michel, 33 Mo. 542; Britton v. Dierker, 46 Mo. 591. The insertion of such words as the law implies, is not making a material…
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Appeal from St. Louis Circuit Court. The question of materiality is one of law, for the court.— The State ex rel. v. Dean, 40 Mo. 464; 2 Pars, on Con. 721. An alteration not material in law will not avoid a contract. — Briggs v. Glenn, 7 Mo. 573; Trigg v. Taylor, 27 Mo. 245 ; Ivory v. Michael, 33 Mo. 398 ; Oioings v. Arnot, 33 Mo. 406 ; Presbury v. Michel, 33 Mo. 542; Britton v. Dierker, 46 Mo. 591. The insertion of such words as the law implies, is not making a material alteration. — Smith v. Orocker, 5 Mass. 540; Langdon v. Paul, 20 Yt. 217. In construing a contract, courts should look to…
1Opinion of the CourtLewis, P. J.
This is an action on a building-contract made between the defendant Fitzmaurice and Nicholas Wall, of the one part, and the plaintiff of the other part, together with a penal bond conditioned for the faithful performance by Fitzmaurice and Wall, which is also executed by the defendants Hannen and O’Connell as sureties. The contract and bond are as follows : —
“ This article of agreement, made and entered into this, the fourth day of August, a. d. 1874, by and between M. Gr. Fitzmaurice and Nicholas Wall, composing the firm of Fitzmaurice & Wall, parties of the first part, and the Western…
2Cases cited5 opinions
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1810
- Haskell v. ChampionSupreme Court of Missouri · 1860
- Evans v. ForemanSupreme Court of Missouri · 1875
- Moore v. Lessee of BickhamSupreme Court of Pennsylvania · 1811
- State ex rel. Goddard v. DeanSupreme Court of Missouri · 1867
3Cited by6 opinions
- McLennan v. WellingtonSupreme Court of Kansas · 1892
- Risse v. Hopkins Planing Mill Co.Supreme Court of Kansas · 1895
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
- McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894
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