Standard Manufacturing Co. v. Hudson
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. Henry G. Pepper, Judge. A party is bound to know the contents of a writing signed by him and if he signs the same without reading it or relying upon the representations of a stranger, he is nevertheless bound by the contract and cannot testify as to his understanding of the contract different from the plain language of the writing. He is bound by his agreement deliberately entered into.
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Appeal from Barry Circuit Court. — Hon. Henry G. Pepper, Judge. A party is bound to know the contents of a writing signed by him and if he signs the same without reading it or relying upon the representations of a stranger, he is nevertheless bound by the contract and cannot testify as to his understanding of the contract different from the plain language of the writing. He is bound by his agreement deliberately entered into. Guilliher v. Railroad, 69 Iowa 416; McCormick v. Moberly, 43 Iowa 561; Penny v. Martin, 4 Johns. Ch. 566; Story’s Equity Jurisprudence, sec. 146; Butman v. Hussy, 30 Me.…
1Opinion of the CourtNortoni, J.
(after stating the facts). — The following declarations of law were given by the court:
“ (a) The court declares the law to be that all statements, conditions and understandings of the parties, at the time of executing the contract sued on, or discussed prior thereto, including the purported duplicate introduced in evidence, different from the contract signed' by defendant are conclusively presumed to have been abandoned by the parties; and the contract signed by the defendant is conclusively presumed to contain all that the minds of the parties agreed upon.
' “(b) The court sitting as a jury…
2Cases cited11 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Crim v. CrimSupreme Court of Missouri · 1901
- Mateer v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
- O'Bryan v. KinneySupreme Court of Missouri · 1881
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3Cited by2 opinions
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Acme Food Co. v. BarberMissouri Court of Appeals · 1909