Kenefick v. Missouri Brass Type Foundry Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. When a contract is ambiguous, or when it is drawn with the understanding between the parties that it shall conform to or be limited^by an existing custom or condition of business between the parties, parol evidence is admissible to explain, or show the real extent of the contract, and the court erred in excluding such evidence. Norton v. Bohard, 105 Mo. 615; Broughton v. Null, 56 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. John A. Talty, Judge. When a contract is ambiguous, or when it is drawn with the understanding between the parties that it shall conform to or be limited^by an existing custom or condition of business between the parties, parol evidence is admissible to explain, or show the real extent of the contract, and the court erred in excluding such evidence. Norton v. Bohard, 105 Mo. 615; Broughton v. Null, 56 Mo. App. 231; Hollins v. Claybrook, 22 Mo. 389; Moss v. Green, 41 Id. 389; Brown v. Boiven, 90 Id. 184; Ellis v. Harrison, 104 Id. 270; Plumb…
1Opinion of the CourtBlank, P. J.
Suit was begun before a justice of the peace in city of St. Louis on the following account r
“St. Louis, July 3rd, 1896.
“Mo. Brass Type Fdy. Co., 1611 So. Jefferson Ave., to W. J. Kenefick, Dr.
“To commissions on sales, 2 paging chains, $90 each,'. $180, at 20 per cent............................$ 36 00
“To commission on sales, brass type, &e., Jan. 13, 1896, to July 2d inclusive, $1,312.47, at 35 per cent...... 459 36
$495 36.”
Plaintiff recovered judgment in the justice’s court, from which defendant appealed to the circuit court, where plaintiff again recovered judgment, from which the defendant…
2Cases cited5 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Norton v. BohartSupreme Court of Missouri · 1891
- Broughton v. NullMissouri Court of Appeals · 1894
3Cited by2 opinions
- Newberry v. DurandMissouri Court of Appeals · 1901
- Bertig-Smythe v. Bonsack Lumber Co.Missouri Court of Appeals · 1905