Tiffany v. Times Square Automobile Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jos. A. Guthrie, Judge. Parol evidence is not admissible to vary tbe terms of a written contract. Tbe fraud wbicb will defeat a written contract is fraud in tbe procurement of its execution; there is no claim or evidence of fraud of this character in tbe case at bar. Johnston v. Ins. Co., 93 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jos. A. Guthrie, Judge. Parol evidence is not admissible to vary tbe terms of a written contract. Tbe fraud wbicb will defeat a written contract is fraud in tbe procurement of its execution; there is no claim or evidence of fraud of this character in tbe case at bar. Johnston v. Ins. Co., 93 Mo. App. 580; Burrows v. Altar, 7 Mo. 424; Girard v. Car Co., 123 Mo. 358; Och-v. Railway Co., 130 Mo. 27; Crim v. Crim, 162 Mo. 544; Kaufmann v. Railway Co., 95 Mo. App. 459; Magee v. Verity, 97 Mo. App. 486; Caterlin v. Lusk, 98 Mo. App. 187; MeNeely v.…
1Opinion of the CourtEllison, P. J.
Defendant was a retail dealer in automobiles and sold one to plaintiff for eight hundred and fifty dollars. Plaintiff claims that her purchase was induced by the fraud and deceit practiced upon her by defendant’s agent and that as soon as she discovered the fraud she offered to rescind and tendered the machine back and demanded the return of the purchase money. On defendant’s refusal to rescind she instituted this action for the purchase price, setting up the fraud she claims was perpetrated upon her. She recovered judgment in the trial court.
The evidence shows that plaintiff knew nothing of…
2Cases cited5 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Crim v. CrimSupreme Court of Missouri · 1901
- Johnston v. Covenant Mutual Life InsuranceMissouri Court of Appeals · 1902
- Elgin Jewelry Co. v. Withaup & Co.Missouri Court of Appeals · 1906
- Equitable Manufacturing Co. v. WafulMissouri Court of Appeals · 1908
3Cited by10 opinions
- Mooney v. CyriacksCalifornia Supreme Court · 1921
- J. I. Case Threshing MacH. Co. v. WebbCourt of Appeals of Texas · 1915
- Miller v. Troy Laundry MacHinery Co., Inc.Supreme Court of Oklahoma · 1936
- Bankers' Trust Co. v. CalhounCourt of Appeals of Texas · 1919
- Beshears v. SHS Motor Sales CorporationMissouri Court of Appeals · 1968
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