Barado-Ghio Real Estate Co. v. Heidbrink
Missouri Court of Appeals
Appeal from Warren Circuit Court. — Hon. Houston W. Johnson, Judge. The plaintiff seeks to recover in the name of the Barada-Ghio Real Estate Company, a corporation, on a lease contract made with one F. X. Baráda, and the trial court permits oral evidence to be introduced, not only to contradict the agreement, but to show that the same should have been made with an entire different party. This court need only read the evidence of the witness Dryden on this point.
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Appeal from Warren Circuit Court. — Hon. Houston W. Johnson, Judge. The plaintiff seeks to recover in the name of the Barada-Ghio Real Estate Company, a corporation, on a lease contract made with one F. X. Baráda, and the trial court permits oral evidence to be introduced, not only to contradict the agreement, but to show that the same should have been made with an entire different party. This court need only read the evidence of the witness Dryden on this point. This cannot be permitted under section 3343, G. S. page 839, Yol. 1, 67 Mo. App. 196. We do not say that the action could not have…
1Opinion of the CourtBland, P. J.
The suit was commenced before a justice of the peace to recover possession of a two-hundred-acre farm in Warren county, Missouri, known as the Doye farm, which the defendant had leased from P. X. Barada, on March 12, 1903, for a term of one year. The lease was reduced to writing. The parts material to the issues herein read as follows:
“Know all men by these presents that the undersigned, John H. Heidbrink, of Warren county, Missouri, this day leased of P. Barada, of the city of St. Louis, State aforesaid, the farm owned by said Barada, situated in sections 32 and 31, township 47, range 2…
2Cases cited5 opinions
- Witte v. QuinnMissouri Court of Appeals · 1890
- Young v. SmithSupreme Court of Missouri · 1859
- Schilling v. SpeckSupreme Court of Missouri · 1858
- Thomas v. RamseyMissouri Court of Appeals · 1891
- Leahy v. LubmanMissouri Court of Appeals · 1896
3Cited by3 opinions
- State ex rel. Missouri Pacific Railway Co. v. BroaddusSupreme Court of Missouri · 1908
- Walton v. United States Steel Corp.Missouri Court of Appeals · 1964
- Campbell v. JohnsonMissouri Court of Appeals · 1908