Miller v. Goodrich Bros. Banking Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Parol evidence is not admissible to alter, vary or add anything to the contract as made by the letters of June 26 and 27, 1889. Keller v. Webb, 126 Mass. 393; Meinhardt v. Mode, 22 Ela. 279; Hollins v. Claybroolt, 22 Mo. 407; Pearson v. Carson, 69 Mo. 550; 1 Greenleaf on Evidence [14 Ed.] sec. 275. (2) The agreement by appellant to give h bond, if any such agreement was ever made, was not omitted from…
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Parol evidence is not admissible to alter, vary or add anything to the contract as made by the letters of June 26 and 27, 1889. Keller v. Webb, 126 Mass. 393; Meinhardt v. Mode, 22 Ela. 279; Hollins v. Claybroolt, 22 Mo. 407; Pearson v. Carson, 69 Mo. 550; 1 Greenleaf on Evidence [14 Ed.] sec. 275. (2) The agreement by appellant to give h bond, if any such agreement was ever made, was not omitted from the writing by reason of any fraud on the part of appellant, nor by reason of accident or mistake, therefore it was not…
1Opinion of the CourtEllison, J.
— This case is based on a written contract of employment of plaintiff as cashier of a bank for one year, plaintiff being discharged before the’ expiration of the year. The contract was declared to' be evidenced by two letters. The trial below resulted in defendant’s favor.
Defendant’s answer though containing a general denial may be said to practically admit that a valid contract was made between the parties, but pleaded that all of the contract was not contained in the writings and that such fact was apparent from the face of them, and from this defended the case on the ground (principally)…
2Cases cited3 opinions
- Smith v. ShellSupreme Court of Missouri · 1884
- O'Neil v. CrainSupreme Court of Missouri · 1878
- Sharp v. RhielSupreme Court of Missouri · 1874
3Cited by5 opinions
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- Burns v. FrelingMissouri Court of Appeals · 1903
- Hamilton v. Fred Miller Brewing Co.Missouri Court of Appeals · 1907