Tracy v. Union Iron Works
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of casé by the court. This is an action to recover rent alleged to be due on a written contract of lease. The lease was for one year, from May 1, 1884, at an annual rent of one thousand dollars, payable in monthly instalments. This action is to recover for the last sis months of the year.
Read the full summary
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of casé by the court. This is an action to recover rent alleged to be due on a written contract of lease. The lease was for one year, from May 1, 1884, at an annual rent of one thousand dollars, payable in monthly instalments. This action is to recover for the last sis months of the year. The written contract is as follows: “This article of agreement witnesseth: That H. W. Tracy has this day rented to the Union Iron Works Company, of Decatur,'Illinois, in the present condition thereof, the upper story of his…
1Opinion of the CourtHall, J.
I think that this case is exactly parallel with the case of Pearson v. Carson, 69 Mo. 550, and is ■consequently controlled by it, unless it has been over*351ruled by tlie Supreme Court, and of this there is no pretense.
It is conceded by counsel for appellant that the general rule is, that verbal evidence “cannot be admitted to contradict, add to, subtract from, or vary a written instrument” (language of Phillips in his work on Evidence, approved in Bruce v. Beck, 43 Mo. 279), but they contend that the general rule does not apply to this case on two grounds: (1) That the verbal agreement in this…
2Cases cited9 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Bunce v. BeckSupreme Court of Missouri · 1869
- White v. . AshtonNew York Court of Appeals · 1873
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
- Pearson v. CarsonSupreme Court of Missouri · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- State Ex Rel. Chaney v. GrinsteadSupreme Court of Missouri · 1926
- Hendricks v. VivionMissouri Court of Appeals · 1906
- Minnesota Thresher Manufacturing Co. v. Grant City Lumber & Hardware Co.Missouri Court of Appeals · 1899
- Wirt v. SchumanMissouri Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.