Broughton v. Null
Missouri Court of Appeals
Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in not permitting defendant to prove the part of the contract not reduced to writing showing plaintiff’s obligations thereunder. The written memorandum offered in evidence is not, and does not purport to be, the entire contract. 1 Greenleaf on Evidence, sec. 282 and 284a; Chitty on Cont. [7 Am.
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Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) The court erred in not permitting defendant to prove the part of the contract not reduced to writing showing plaintiff’s obligations thereunder. The written memorandum offered in evidence is not, and does not purport to be, the entire contract. 1 Greenleaf on Evidence, sec. 282 and 284a; Chitty on Cont. [7 Am. Ed. 1848], p. 109; Rollins v. Claybrook, 22 Mo. 405; Moss v. Green, 41 Mo. 389; O’Neil v. Crane, 67 Mo. 250; Lash v. Parlin, 78 Mo. 391; Ellis v. Bray, 79Mo. 227; .Norton v. Bohart, 105 Mo. 615, 633; Lumber Co. v.…
1Opinion of the CourtSmith, P. J.
— This was a suit brought before a justice of the peace by plaintiff to recover of defendant the contract price for painting the roof of a house, barn and shed of the later. Defendant interposed a counterclaim.
At a trial in the circuit court where the plaintiff had judgment, from which defendant appealed, the. plaintiff, to maintain the issue in his behalf, was permitted to introduce in evidence the following writing:
“I, ~W. C. Broughton, having agreed to paint G. Null’s house and barn and sheds for which George Null agrees to pay W. C. Broughton the sum of $1.50 per square.
“[Signed] Geo. W.…
2Cases cited6 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Brown v. BowenSupreme Court of Missouri · 1886
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Norton v. BohartSupreme Court of Missouri · 1891
- Hook v. CraigheadSupreme Court of Missouri · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kenefick v. Missouri Brass Type Foundry Co.Missouri Court of Appeals · 1897
- Henderich v. Kansas City, Ozark & Southern Railway Co.Missouri Court of Appeals · 1911
- Arnoldia v. ChildsMissouri Court of Appeals · 1897