Bruckman v. Hargadine-McKittrick Dry Goods Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court-. — Hon. John A. Tatty, Judge. STATEMENT OR THE CASE. The Pleadings. — Tbe material parts of tbe petition are that defendant is a corporation,- that on July 22, 1895, plaintiff entered into a written contract with defendant whereby for a certain rental plaintiff agreed to install in defendant’s business house on Washington avenue in the city of St. Louis, an electric light plant consisting of an engine and a dynamo for forty arc…
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Appeal from St. Louis City Circuit Court-. — Hon. John A. Tatty, Judge. STATEMENT OR THE CASE. The Pleadings. — Tbe material parts of tbe petition are that defendant is a corporation,- that on July 22, 1895, plaintiff entered into a written contract with defendant whereby for a certain rental plaintiff agreed to install in defendant’s business house on Washington avenue in the city of St. Louis, an electric light plant consisting of an engine and a dynamo for forty arc lights and two hundred sixteen-candle-power incandescent lights, and that plaintiff should install all the necessary steam…
1Opinion of the CourtBland, P. J.
— I. The theory of the plaintiff is that the suit is on the written contract. That the verbal agreements made from time to time for additional lamps were but additions to the things to be furnished under the original contract and that this agreement did not modify or change the written contract, and this was the theory upon which the case was tried and which was evidently adopted by the trial court. The contention of appellant is that these subsequent oral agreements modified and changed the written contract, and that the modification threw the whole contract into parol, and that the contract…
2Cases cited7 opinions
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Smith & Fleek's AppealSupreme Court of Pennsylvania · 1872
- Allen v. ChouteauSupreme Court of Missouri · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Emerson v. TreadwayMissouri Court of Appeals · 1954
- Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
- Shumway v. KitzmanSouth Dakota Supreme Court · 1912
- Handlan Buck Manufacturing Co. v. Stave Electrical Co.Missouri Court of Appeals · 1913
- Bernblum v. Travelers InsuranceSupreme Court of Missouri · 1939
1 more not listed; retrieve them via the Exa API.