Blake Manufacturing Co. v. Jaeger
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — lion. J. H. Lay, Judge. (1) The alleged oral agreement was clearly inadmissible for the purpose of varying, affecting, modifying or controlling the written contract of September 23, 1896, and clearly inadmissible for any purpose in this case. Squier v. Evans, 127 Mo. 518; Tracy v. Iron Works, 104 Mo. 198; State ex rel. v. Hoshaw, 98 Mo. 358, and cases cited. R. S. 1889, sec. 2050; Brockhausv. Schilling, 52 Mo.
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Appeal from the Bates Circuit Court. — lion. J. H. Lay, Judge. (1) The alleged oral agreement was clearly inadmissible for the purpose of varying, affecting, modifying or controlling the written contract of September 23, 1896, and clearly inadmissible for any purpose in this case. Squier v. Evans, 127 Mo. 518; Tracy v. Iron Works, 104 Mo. 198; State ex rel. v. Hoshaw, 98 Mo. 358, and cases cited. R. S. 1889, sec. 2050; Brockhausv. Schilling, 52 Mo. App. 82; Barnes v. McMullins, 18 Mo. 269. (2) Erom the above it is evident that there was no oversight or intentional omission, and therefore does…
1Opinion of the CourtEllison, J.
In the year 1896 defendant Jaeger undertook the construction of a waterworks plant for the town of Greenville, Miss., and in March of that year made a contract in writing with the Knowles Steam Pump Works of New York for the necessary pumps to be delivered E. O. B. at *241Greenville and for the price of $2,195. The agreement was that the pumps should lift 1,400 gallons of water per minute.
"When the pumps were put in place it was found, on a test then made, that they did not have the capacity called for by the contract. Thereupon in September, 1896, the pump company addressed a written proposal to…
2Cited by8 opinions
- Kansas City Bridge Co. v. Kansas City Structural Steel Co.Supreme Court of Missouri · 1958
- Smith Sand & Gravel Co. v. CorbinWashington Supreme Court · 1914
- Olson Construction Co. v. Commercial Building & Investment Co.Nebraska Supreme Court · 1934
- Minnesota Thresher Manufacturing Co. v. Grant City Lumber & Hardware Co.Missouri Court of Appeals · 1899
- Williams v. Kansas City Suburban Belt Railway Co.Missouri Court of Appeals · 1900
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