Chandler v. Oldham
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hockadax, Judge. (1) A fair construction of the contract as shown by the terms thereof, as also by the acts of the parties themselves, was that Chandler should receive from Old-ham a fair valuation as pay for his improvements; provided, Chandler was not by reason of said sale in any manner prevented from the use and enjoyment of his slaughterhouse and pen for the whole period of six years. Belch v. Miller, 32 Mo.
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Appeal from the Boone Circuit Court. — Hon. John A. Hockadax, Judge. (1) A fair construction of the contract as shown by the terms thereof, as also by the acts of the parties themselves, was that Chandler should receive from Old-ham a fair valuation as pay for his improvements; provided, Chandler was not by reason of said sale in any manner prevented from the use and enjoyment of his slaughterhouse and pen for the whole period of six years. Belch v. Miller, 32 Mo. App. 387; Lumber Co. v. Warner, 93 Mo. 374; Brewing Co. v. Water Works, 34 Mo. App. 49. The evidence on the part of Oldham showed…
1Opinion of the CourtGill, J.
This controversy arose out of about the following state of facts: Defendant Oldham was the owner of forty acres of land north of and immediately adjoining Columbia. Plaintiff: Chandler, a butcher, desired the use of about an acre of this land for slaughtering purposes, and after some negotiating the following written agreement was entered into:
May 1, 1886.
“Articles of agreement between W. A. Oldham, of the first part and J. A. Chandler of the second part: J. A. Chandler is to have privilege of building slaughterhouse on pasture of said Oldham, north of Columbia, on gravel road and to inclose…
2Cases cited3 opinions
- Bircher v. ParkerSupreme Court of Missouri · 1867
- Bircher v. ParkerSupreme Court of Missouri · 1869
- Kuhlmann v. MeierMissouri Court of Appeals · 1879