Fitzimmons v. Academy of Christian Bros.
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. The court erred in admitting evidence of the usages of trade. Pavey v. Burch, 3 Mo. 447; Martin v. Hall, 26 Mo. 386; Glamorgan v. Guisse, 1 Mo. 141; Kimball v. Brawner, 47 Mo. 398; Savings Bank v. Ward, 100 U. S. 195 ; Thompson v. Riggs, 5 Wall. 663; Insurance Co. v. Wright, 1 Wall. 456; Garrison v. Ins. Co., 19 How. (U. S.) 312; 1 G-reenleaf Ev., (Redfield, 1st Ed.) § 292, p. 333, and cases cited in notes; 3 Phillips Ev., (5 Am.
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Appeal from, St. Louis Court of Appeals. The court erred in admitting evidence of the usages of trade. Pavey v. Burch, 3 Mo. 447; Martin v. Hall, 26 Mo. 386; Glamorgan v. Guisse, 1 Mo. 141; Kimball v. Brawner, 47 Mo. 398; Savings Bank v. Ward, 100 U. S. 195 ; Thompson v. Riggs, 5 Wall. 663; Insurance Co. v. Wright, 1 Wall. 456; Garrison v. Ins. Co., 19 How. (U. S.) 312; 1 G-reenleaf Ev., (Redfield, 1st Ed.) § 292, p. 333, and cases cited in notes; 3 Phillips Ev., (5 Am. Ed.) p. 198, notes; 1 ^Best on Ev., (Am. Ed. 1875) p. 429, § 228. The usage of trade alleged was not proved. Southwestern…
1Opinion of the Court
Martin, C.
This was a suit on a building contract, and both parties have appealed from the circuit court and the court of appeals. The controversy has arisen about the *39construction of the contract, there being no conflict of evidence as to the facts.
The plaintiffs as contractors, entered into a contract in writing with the defendant, wherein they undertook “ to do the ■ masonry in the Christian Brothers’ College, at Cote Brilliant, according to plans and specifications for the same, for the sum of two (2) dollars, in addition to the price of rock per perch.” The plaintiffs laid up all the…
2Cited by8 opinions
- Morningstar v. CunninghamIndiana Supreme Court · 1887
- Creasy v. AlversonSupreme Court of Missouri · 1868
- Crooks v. JenkinsSupreme Court of Iowa · 1904
- McCarthy v. McArthurSupreme Court of Arkansas · 1901
- Everitt, Seedsman v. Indiana Paper Co.Indiana Court of Appeals · 1900
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