Dennison & Co. v. Aldrich
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh O. Dabls, Judge. (1) The contracts of option given by the owners to plaintiffs were complete in their terms, and the court was right in excluding oral evidence of the negotiations leading up to their execution. These negotiations are conclusively presumed to be merged in writing. Mc-Clurg'v. Whitney, 82 Mo. App. 625; Howard v. Scott, 98 Mo. App. 509; Ins. Co. v. Buchalter, 83 Mo. App. 504; Tufts v. Morgan, 87 Mo.
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Appeal from Jasper Circuit Court. — Hon. Hugh O. Dabls, Judge. (1) The contracts of option given by the owners to plaintiffs were complete in their terms, and the court was right in excluding oral evidence of the negotiations leading up to their execution. These negotiations are conclusively presumed to be merged in writing. Mc-Clurg'v. Whitney, 82 Mo. App. 625; Howard v. Scott, 98 Mo. App. 509; Ins. Co. v. Buchalter, 83 Mo. App. 504; Tufts v. Morgan, 87 Mo. App. 98; Blake Mfg. Co. v. Jaeger, 81 Mo. App. 239. (2) The general rule is, that no verbal agreements between the parties to a written…
1Opinion of the CourtJohnson, J.
Plaintiffs sued defendant, as their agent, to recover the sum of four thousand dollars, received by the latter as a commission for the sale of some mining property in Jasper county. It is claimed defendant- obtained the money as the fiduciary of plaintiffs, and then repudiated his obligation to them to account for it. The trial resulted in a judgment for defendant. A motion for a new trial was filed by plaintiffs, and upon hearing, sustained by the trial judge, who assigned the following reasons for his action: “That the court erred in giving instructions for defendant, and in refusing…
2Cases cited10 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Grumley v. WebbSupreme Court of Missouri · 1869
- LaForce v. Washington UniversityMissouri Court of Appeals · 1904
- Eoff v. IrvineSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Zakibe v. Ahrens & McCarron, Inc.Missouri Court of Appeals · 2000
- State Ex Rel. Duggan v. KirkwoodSupreme Court of Missouri · 1948
- Myers v. AdlerMissouri Court of Appeals · 1915
- Golden Giant Mining Co. v. HillNew Mexico Supreme Court · 1921
- McKim v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.