Spelman v. Delano
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) A contract entered into by a mutual mistake of fact should be reformed in equity before it is enforced at law. Miller v. Railroad, 162 Mo. 424; Moran Bolt and Nut Mfg. Co. v. St. Louis Car Co., 210 Mo. 715; Turner v. Railroad, 114 Mo. App. 539; Méak v. ITurst, 223 Mo. 688, 696. (2) Respondent was bound by the terms of the written contract introduced in evidence. Johnson v. Life Ins. Co., 93 Mo.
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Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) A contract entered into by a mutual mistake of fact should be reformed in equity before it is enforced at law. Miller v. Railroad, 162 Mo. 424; Moran Bolt and Nut Mfg. Co. v. St. Louis Car Co., 210 Mo. 715; Turner v. Railroad, 114 Mo. App. 539; Méak v. ITurst, 223 Mo. 688, 696. (2) Respondent was bound by the terms of the written contract introduced in evidence. Johnson v. Life Ins. Co., 93 Mo. App. 580, 590; Phelps, Jr. v. Jones, 141 Mo. App. 223, 226; Zeller v. Ranson, 140 Mo. App. 220, 230; Insurance Co. v. Lead Co., 169 Mo.…
1Opinion of the CourtJohnson, J.
This is an action for damages caused by negligent delay in the transportation of fat cattle to market. There was a judgment for plaintiff and defendant appealed.
The petition alleges, and the evidence of plaintiff shows, that the delay in question resulted from the omission from the written contract of affreightment of a provision agreed upon by plaintiff and defendants’ station agent, that the cattle were to be carried to Chicago via East St. Louis, Illinois, in order that plain*121tiff might sell them on the market at that place if he found it favorable, and if he found it unfavorable, might…
2Cases cited7 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Courtney v. BlackwellSupreme Court of Missouri · 1899
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- O'Bryan v. KinneySupreme Court of Missouri · 1881
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3Cited by5 opinions
- New York Life Insurance v. GilbertMissouri Court of Appeals · 1923
- Lunceford v. HoughtlinMissouri Court of Appeals · 2005
- Reddick v. Union Electric Light & Power Co.Missouri Court of Appeals · 1922
- White v. ElwellMissouri Court of Appeals · 1915
- Stephenson v. JobesMissouri Court of Appeals · 1923