Trustees of Christian University v. Hoffman
Missouri Court of Appeals
Appeal from Marion Circuit Court. — Ho». David H. Eby, Judge. (1) The last word of the instruction asked by defendant should have been read as “defendant” instead of “plaintiff,” and the instruction thus given disregarding the clerical error. Fischer v. Packing and Provision Co., 77 Mo. App. 108; Bank v. Goldsell, 8 Mo.
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Appeal from Marion Circuit Court. — Ho». David H. Eby, Judge. (1) The last word of the instruction asked by defendant should have been read as “defendant” instead of “plaintiff,” and the instruction thus given disregarding the clerical error. Fischer v. Packing and Provision Co., 77 Mo. App. 108; Bank v. Goldsell, 8 Mo. App. 596; Shortell v. City of St. Joseph, 104 Mo. 115. (2) While parol evidence will not be received to contradict or vary a written agreement, still, if a part only of the contract be put in writing, the .matter left out may be supplied by parol evidence. Black River Lumber…
1Opinion of the CourtBarclay, J.
Plaintiffs are the trustees of Christian University, an educational institution located at Canton, Missouri, and a corporation.
The action is upon an instrument of writing which we shall' call a note, without any critical inquiry into its proper classification. It is as follows:
‘ ‘ 1,000.00 ‘ ‘ St. Louis, Mo., June 2,1891.
‘ ‘ This is to certify that I have promised one thous- and dollars to the hoard of trustees of Christian University to be added to the permanent endowment fund on the following conditions:
“That no part of this amount is to be due until four years from date, when $200 will be…
2Cases cited18 opinions
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
- School District v. SheidleySupreme Court of Missouri · 1897
- Miller v. HardinSupreme Court of Missouri · 1877
- Spears v. BondSupreme Court of Missouri · 1883
- Rodney v. WilsonSupreme Court of Missouri · 1877
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3Cited by24 opinions
- Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
- Berry v. Kansas City Public Service Co.Supreme Court of Missouri · 1938
- Moore v. GlasgowMissouri Court of Appeals · 1963
- Samuels v. Illinois Fire Insurance CompanyMissouri Court of Appeals · 1962
- Wegener v. St. Louis County Transit CompanySupreme Court of Missouri · 1962
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