Metropolitan Street Railway Co. v. Broderick & Bascom Rope Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Eon. E. L. Mc~ Cune, Judge. (1) In the absence of mistake or fraud, parol evidence is not admissible to vary, add to or in any way change the terms of a written contract. Boggs v. Laundry Co., 171 Mo. 282 1. c. 287 and cases cited; Harrington v. Com. Co., 107 Mo. App. 418; Dexter v. McDonald, 196 Mo. 873 1. c. 391, and cases cited; Smith v. VanWyck, 40 Mo. App. 522; Osborne & Co. v. Lawson, 26 Mo.
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Appeal from Jackson Circuit Court.—Eon. E. L. Mc~ Cune, Judge. (1) In the absence of mistake or fraud, parol evidence is not admissible to vary, add to or in any way change the terms of a written contract. Boggs v. Laundry Co., 171 Mo. 282 1. c. 287 and cases cited; Harrington v. Com. Co., 107 Mo. App. 418; Dexter v. McDonald, 196 Mo. 873 1. c. 391, and cases cited; Smith v. VanWyck, 40 Mo. App. 522; Osborne & Co. v. Lawson, 26 Mo. App. 549. (2) Defendant not complaining of delay in putting cable in use, and receiving pay for same after it was put in use, waived any claim it might have had on…
1Opinion of the CourtEllison, J.
This action was instituted to recover damages for breach of contract of guaranty. The judgment in the trial court was for the defendant.
Plaintiff is a street railway company in Kansas City, now operated by electricity, but which, at the time of the contract in question, was operated as a cable railway system, that is to say, the cars were drawn by an endless steel cable or rope running in conduits sunk in *643the streets. Defendant was a manufacturer of such cables and frequently sold them to plaintiff prior to the sale in question. On the 29th of April, 1896, plaintiff purchased of defendant, by…
2Cases cited8 opinions
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Haynes, Spencer & Co. v. Second Baptist ChurchSupreme Court of Missouri · 1885
- Boggs v. Pacific Steam Laundry Co.Missouri Court of Appeals · 1902
- Crenshaw v. LookerSupreme Court of Missouri · 1904
- Dexter v. MacDonaldSupreme Court of Missouri · 1906
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3Cited by4 opinions
- Kansas City Bridge Co. v. Kansas City Structural Steel Co.Supreme Court of Missouri · 1958
- Heuer v. UlmerMissouri Court of Appeals · 1955
- Stringer v. Geiser Manufacturing Co.Missouri Court of Appeals · 1914
- Outcult Advertising Co. v. BarnesMissouri Court of Appeals · 1914