Paris Manufacturing & Importing Co. v. Carle
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas.— Hon. B. F. Davis, Judge. (1) Yerbal evidence cannot be received to add to, subtract from or vary a written instrument. Helmrich v. Geheke, 56 Mo. 79; Hunt v. Wood, 65 Mo.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas.— Hon. B. F. Davis, Judge. (1) Yerbal evidence cannot be received to add to, subtract from or vary a written instrument. Helmrich v. Geheke, 56 Mo. 79; Hunt v. Wood, 65 Mo. App. 529. (2) Where parties enter into a written contract their rights must be controlled thereby and in the absence of fraud or mistake all evidence of contemporaneous oral agreement on the same subject-matter, varying, modifying or contradicting written agreement is inadmissible. Singleton v. Fore, 7 Mo. 515; Hagar v. Hagar, 71 Mo. 610; Boyd v.' Paul, 125 Mo. 9, 28 S. W.…
1Opinion of the CourtGoode, J.
This action was brought before a justice of the peace. The statement filed alleged that on September 18, 1903, and prior thereto; plaintiffs were partners; that on that day the defendants gave a written order to plaintiffs for goods, wares and merchandise, amounting to $180.60; that on receipt of the order, plaintiffs delivered such goods, wares and merchandise to the defendants in accordance with its terms and amounting to the sum mentioned; that defendants promised to pay plaintiffs said sum for the said goods, wares and merchandise, but refused to pay, and plaintiffs seek judgment for the…
2Cases cited7 opinions
- Crim v. CrimSupreme Court of Missouri · 1901
- Wright v. McPikeSupreme Court of Missouri · 1879
- Briggs v. EwartSupreme Court of Missouri · 1873
- Magee v. VerityMissouri Court of Appeals · 1903
- Catterlin v. LuskMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- United Breeders Co. v. WrightMissouri Court of Appeals · 1909
- Ely v. SuttonMissouri Court of Appeals · 1913
- England v. HouserMissouri Court of Appeals · 1914
- Sandbrook v. W. L. Morrison Invest. Co.Missouri Court of Appeals · 1922
- Zellar v. RansonMissouri Court of Appeals · 1909
8 more not listed; retrieve them via the Exa API.