Commercial Electrical Supply Co. v. Missouri Commission Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The contract being upon a printed form prepared by plaintiff, all ambiguities — all doubts — therein must be determined in favor of defendant. Surety Co. v. Pauley, 170 U. S. 133; Dezell v. Casualty Co., 176 Mo. 253; Hurley v. Co., 95 Mo. App. 88; Hoffman v. Indemnity Co., 56 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. W. B. Homer, Judge. (1) The contract being upon a printed form prepared by plaintiff, all ambiguities — all doubts — therein must be determined in favor of defendant. Surety Co. v. Pauley, 170 U. S. 133; Dezell v. Casualty Co., 176 Mo. 253; Hurley v. Co., 95 Mo. App. 88; Hoffman v. Indemnity Co., 56 Mo. App. 301; Seevers v. Gable, 27 L. R. A. 735. (2) A bailee of a chattel is not ordinarily responsible for the destruction of a bailed chattel by fire unless he has failed to use ordinary care for its preservation. 3 Am. and Eng. Ency. Law (2…
1Opinion of the CourtCaulfield, J.
— The plaintiff hired a piece of machinery, i. e., a motor to the defendant at twenty-five dollars a month. The contract of hiring was contained in a letter addressed by the plaintiff to the defendant and accepted by the latter, and contained provisions as follows: “It is distinctly understood that while the motor is in your possession you (the defendant) are responsible for any damage thereto, barring ordinary wear and tear, and that after you have no further use for same, you will return said motor in as good condition as when received, barring ordinary wear and tear.”
*336While the motor wa.s…
2Cases cited9 opinions
- Drake v. WhiteMassachusetts Supreme Judicial Court · 1875
- McEvers v. Steamboat SangamonSupreme Court of Missouri · 1855
- Harris v. NicholasSupreme Court of Virginia · 1817
- Jaminet v. American Storage & Moving Co.Missouri Court of Appeals · 1904
- Link v. HathwayMissouri Court of Appeals · 1910
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3Cited by13 opinions
- Conservative Federal Savings & Loan Ass'n v. WarneckeMissouri Court of Appeals · 1959
- Nuell v. Forty-North CorporationMissouri Court of Appeals · 1962
- Mellon Nat. Bank v. Citizens Bank & Trust Co. of CamdenCourt of Appeals for the Eighth Circuit · 1937
- Isaac T. Cook Company v. Bank of St. LouisMissouri Court of Appeals · 1957
- Missouri Pacific Railroad v. Sonken-Galamba Corp.Missouri Court of Appeals · 1925
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