St. Louis, Memphis & Southeastern Railroad v. Houck
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Roht. M. Foster, Judge. (1) (a) Words used in a contract must be given tbeir plain, ordinary, and popular meaning, unless from the context or by nsage they have acquired a different meaning. R. S. 1899, sec. 4160; Ruby v. Coal & Mining Co., 21 Mo. App. 159; Fruin v. Railroad, 89 Mo. 397; Stettauer v. Hamlin, 97 111. 312; Steyer v. Dwyer, 31 Iowa 20; 17 Am. & Eng.
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Appeal from St. Louis City Circuit Court. — Hon. Roht. M. Foster, Judge. (1) (a) Words used in a contract must be given tbeir plain, ordinary, and popular meaning, unless from the context or by nsage they have acquired a different meaning. R. S. 1899, sec. 4160; Ruby v. Coal & Mining Co., 21 Mo. App. 159; Fruin v. Railroad, 89 Mo. 397; Stettauer v. Hamlin, 97 111. 312; Steyer v. Dwyer, 31 Iowa 20; 17 Am. & Eng. Ency. of Law (2 Ed.), p. 11. (b) The most conspicuous and wide-reaching of all rulés of interpretation is the one requiring that a written contract be so construed as to give effect to…
1Opinion of the CourtGoode, J.
(after stating the facts).
The admission made by the defendant that the St. Louis & Gulf Railway Company had constructed a standard gauge railroad from Zeta through Dudley to Campbell and put it into operation, prior to the demand on defendant for payment of his subscription, takes out of the case the question of whether building a line to Campbell to connect with the old line from Zeta to Bloomfield at the latter place, was a compliance with the condition of the subscription; or whether a new line should have been constructed the entire distance from Zeta to Campbell. In connection with the…
2Cases cited12 opinions
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897
- Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
- Illinois Central Railroad v. ChicagoSupreme Court of the United States · 1900
- Tobey v. MooreMassachusetts Supreme Judicial Court · 1881
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3Cited by5 opinions
- Fletcher v. ElyCourt of Appeals of Texas · 1932
- Sheets v. Vandalia Railway Co.Indiana Court of Appeals · 1920
- Peterson v. Tacoma Railway & Power Co.Washington Supreme Court · 1910
- Hardin College v. JohnsonMissouri Court of Appeals · 1928
- Newman v. BiggsCourt of Appeals of Texas · 1934