Rucker v. Harrington
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jambs Gibson, Judge. This action is for damages for defendant’s alleged breach of contract, and is founded on the following written agreement for the sale of lands and a subsequent verbal agreement in relation to the same sale: “This contract, made and entered into this third day of April, 1890, by and between Royal E. Rucker, of the county of Jackson, state of Missouri, the seller, and D. A. Harrington, of the county of Jackson,…
Read the full summary
Appeal from the Jackson Circuit Court. — Hon. Jambs Gibson, Judge. This action is for damages for defendant’s alleged breach of contract, and is founded on the following written agreement for the sale of lands and a subsequent verbal agreement in relation to the same sale: “This contract, made and entered into this third day of April, 1890, by and between Royal E. Rucker, of the county of Jackson, state of Missouri, the seller, and D. A. Harrington, of the county of Jackson, state of Missouri, the buyer, “Witnesseth: The seller has bargained and sold to the buyer the following described real…
1Opinion of the CourtEllison, J.
The question presented by this record is of much importance. It is apparent that the plaintiff’s rights are to be measured by the written contract as modified or altered by the subsequent verbal contract; that is, the two contracts form the foundation upon which his claim is built. Lanitz v. King, 93 Mo. 513. He cannot stand upon the written contract alone, for his case concedes that he could not comply with it. He cannot stand upon the oral contract (without reference to its validity) unaided by the written contract, for that is but a part of the whole contract and connects itself with the…
2Cases cited25 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Williams v. MorrisSupreme Court of the United States · 1877
- Grafton v. CummingsSupreme Court of the United States · 1879
- Lanitz v. KingSupreme Court of Missouri · 1887
- Bailey v. OgdenNew York Supreme Court · 1808
20 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Bowman v. WrightNebraska Supreme Court · 1902
- Warren v. A. B. Mayer Manufacturing Co.Supreme Court of Missouri · 1901
- Frankfurt-Barnett Co. v. William Prym Co.Court of Appeals for the Second Circuit · 1916
- Bamberger Co. v. Certified Productions, Inc.Utah Supreme Court · 1935
31 more not listed; retrieve them via the Exa API.