Oglebay v. Kansas City Board of Trade
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It is competent to show by parol the circumstances and surroundings of parties to a contract, the subject-matter of the contract and the object aimed at by the parties in making the contract, so that the language of the contract may be understood by the court, as it was by the parties.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) It is competent to show by parol the circumstances and surroundings of parties to a contract, the subject-matter of the contract and the object aimed at by the parties in making the contract, so that the language of the contract may be understood by the court, as it was by the parties. Wharton’s Evidence (3 Ed.), secs. 939-40, note 1, p. 101; Brown’s Parol Evidence, p. 179, sec. 53; Bradner on Evidence, pp. 149-150 and 153, par, 6; 1 Greenleaf’s Evidence, sec. 286; Davis v. Hendrix, 59 Mo. App. 444; Wood’s Practice Evidence,…
1Opinion of the CourtBroaddus, J.
This suit was instituted on the '28th of June, 3898, against P. T. Hamm and others, *436officers of the Kansas City Board of Trade, at which time a temporary restraining order was made. On the 30th day of July of said year there was issued what was called a temporary injunction, which was modified on the 6th day of August, following. The defendant trust company petitioned to be made a party to the proceedings and filed its answer. On the 29th day of November a final decree was entered in the case making the temporary injunction in part perpetual, from which all parties appealed.
As all the…
2Cases cited2 opinions
- Donovan v. P. Schoenhofen Brewing Co.Missouri Court of Appeals · 1902
- Moore v. Guardian Trust Co.Supreme Court of Missouri · 1903
3Cited by4 opinions
- Kansas City Area Transportation Authority v. AshleyMissouri Court of Appeals · 1972
- Stephenson v. MorrisseyMissouri Court of Appeals · 1950
- Foreman Automobile Co. v. MorrisCourt of Appeals of Kentucky · 1922
- Cross v. Commercial Real Estate Co.Cuyahoga County Common Pleas Court · 1914