Boulware v. Victor Automobile Manufacturing Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Chas. Claflin} Judge. (1) Where a written contract is shown, evidence of representations . looking to a former different oral contract relating to the same subject-matter is inadmissible. Egger v. Egger, 123 S. W. 937; Biddle on Warranties, sec. 65; Standard v. Fireproofing Co., 177 Mo. 571; Laclede Co. v. Tie Co., 185 Mo. 61; 1 Greenleaf on Evidence, sec. 275; 2 Phillips on Evidence (Edw.
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Appeal from St. Louis City Circuit Court. — Eon. Chas. Claflin} Judge. (1) Where a written contract is shown, evidence of representations . looking to a former different oral contract relating to the same subject-matter is inadmissible. Egger v. Egger, 123 S. W. 937; Biddle on Warranties, sec. 65; Standard v. Fireproofing Co., 177 Mo. 571; Laclede Co. v. Tie Co., 185 Mo. 61; 1 Greenleaf on Evidence, sec. 275; 2 Phillips on Evidence (Edw. Ed.), 637; Tracy v. Iron Works, 104 Mo. 199, 29 Mo. App. 342; Johnson County v. Wood, 84 Mo. 515; Bronson v. Implement Co., 135 Mo. App. 486. (2) Where there…
1Opinion of the CourtGox, J.
This is an action to recover the purchase price paid by plaintiff to defendant for an automobile; trial was had before a jury, and verdict returned in defendant’s fayor. The court then sustained a motion for a new trial filed by plaintiff, and from that action of the court defendant has appealed.
Plaintiff, in his motion for new trial, alleged twelve reasons why a new trial should be given, and the court, in its order sustaining the motion, recited that it would sustain it upon the first, third, fourth, fifth, eighth, ninth, tenth, eleventh and twelfth grounds. Part of these grounds alleged…
2Cases cited11 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Routledge v. . Worthington Co.New York Court of Appeals · 1890
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Comings v. LeedySupreme Court of Missouri · 1893
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3Cited by9 opinions
- Acme Harvesting Machine Co. v. GaspersonMissouri Court of Appeals · 1913
- Barr v. HaysMissouri Court of Appeals · 1913
- Nat. Cash Reg. Co. v. Van Duser Supply Co.Missouri Court of Appeals · 1921
- O'BRIEN v. WadeMissouri Court of Appeals · 1976
- Hart-Kraft Motor Co. v. Indianapolis Motor Car Co.Indiana Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.