Legal Opinion

Niedermeyer v. Curators of the University of Missouri

Missouri Court of Appeals

Decided April 1, 1895PublishedCited by 16 opinions

Appeal from the Boone Circuit Court.—Hon. Jno. A. Hockaday, Judge. (1) The first question in this case is, do«hthe provisions of the catalogue when accepted, as this was, ■constitute an entire contract! To determine this, requires a construction of the contract, and in doing this the court should not only consider the language employed, .and the subject-matter, but view them in the light • of the circumstances to ascertain what the parties actually understood, or intended. 2…

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Appeal from the Boone Circuit Court.—Hon. Jno. A. Hockaday, Judge. (1) The first question in this case is, do«hthe provisions of the catalogue when accepted, as this was, ■constitute an entire contract! To determine this, requires a construction of the contract, and in doing this the court should not only consider the language employed, .and the subject-matter, but view them in the light • of the circumstances to ascertain what the parties actually understood, or intended. 2 Parsons on Contracts [7 Ed], p. 517. (2) The 'fact that the contract is not signed by appellant does not relieve the…

1Opinion of the CourtSmith, P. J.

—The catalogue of the University of the state for the years 1891 and 1892 containing the following paragraph, amongst others:

“Tuition Charges and Expenses.—Applicants for admission to any of the classes of the law department, or as special students of elective courses, are required to pay the sum of fifty^ dollars for the first year’s attendance and forty dollars for each successive year.
“[Signed] Alexander Martin,
“Dean, Columbia, Mo.”

It appears that the plaintiff examined the said catalogue, including the above quoted paragraph, after which he concluded to enter the University with the view…

2Cases cited9 opinions

  1. Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
  2. Wolfe v. MarshalSupreme Court of Missouri · 1873
  3. Cheney v. CookWisconsin Supreme Court · 1859
  4. Vigo Agricultural Society v. BrumfielIndiana Supreme Court · 1885
  5. Buchanan v. SahleinMissouri Court of Appeals · 1881

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3Cited by16 opinions

  1. Kashmiri v. Regents of the University of CaliforniaCalifornia Court of Appeal · 2007
  2. Todd v. Curators of Mo. UniversitySupreme Court of Missouri · 1941
  3. Basch v. George Washington UniversityDistrict of Columbia Court of Appeals · 1977
  4. Brown v. WorthingtonMissouri Court of Appeals · 1912
  5. Kubley v. BrooksSupreme Court of Missouri · 2004

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