Nicol v. Young
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The exclusion of the parol evidence of Mary E. Young and Nellie Young offered to prove misrepresentations made by the attorney who drew the contract, as to the legal effect and operation of the instrument, were rightly excluded by the court, upon the first ground of objection made by the plaintiff, viz.: that such evidence can not be received to alter, vary, or contradict the writing. 1 G-reenleaf on…
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The exclusion of the parol evidence of Mary E. Young and Nellie Young offered to prove misrepresentations made by the attorney who drew the contract, as to the legal effect and operation of the instrument, were rightly excluded by the court, upon the first ground of objection made by the plaintiff, viz.: that such evidence can not be received to alter, vary, or contradict the writing. 1 G-reenleaf on Evidence [13 Ed.], chap. 15, sec. 275, p. 321; Koehring v. Muemminghoff, 61 Mo. 403.' Misrepresentations, to be…
1Opinion of the CourtSmith, P. J.
This is an action that was brought before a justice of the peace to recover a month’s rent. In the circuit court, to where the cause was removed by appeal, there was a trial before a jury, where the plaintiff had a verdict. The defendants filed a motion to set the same aside, which was sustained, and from that order the plaintiff has appealed.
facts The plaintiff gave in evidence a certain contract respecting the lease and sale of certain real property which was signed by both plaintiff and defendants. The defendant, Mary E. Young, was called as a witness in behalf of the defendants and…
2Cases cited7 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Koehring ex rel. Martin v. MuemminghoffSupreme Court of Missouri · 1875
- Van Valkenburgh v. RoukNew York Supreme Court · 1815
- C. Aultman & Co. v. OlsonSupreme Court of Minnesota · 1886
- Beck & Pauli Lithographing Co. v. ObertMissouri Court of Appeals · 1892
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3Cited by2 opinions
- Wells v. AdamsMissouri Court of Appeals · 1901
- Pheonix Insurance v. OwensMissouri Court of Appeals · 1899