Gimbel Bros. v. Mitchell
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. G. B. Arnold, Judge. (1) Parol evidence is inadmissible to explain, modify, diminish or enlarge the terms of a written contract of guaranty or suretyship, such as the written agreement herein sued upon. Hence it was error to admit parol evidence of defendant’s intention as to his limitation of the agreement, or of his understanding of the same.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. G. B. Arnold, Judge. (1) Parol evidence is inadmissible to explain, modify, diminish or enlarge the terms of a written contract of guaranty or suretyship, such as the written agreement herein sued upon. Hence it was error to admit parol evidence of defendant’s intention as to his limitation of the agreement, or of his understanding of the same. Third National Bank v. St. Charles Savings Bank, 244 Mo. 554, 576; Beheret v. Myers, 240 Mo. 58; Watkins Medical Co. v. Holloway (Mo. App.), 181 S. W. 602; Squier v. Evans, 127 Mo. 514, 518;…
1Opinion of the Court
This case originated in the Circuit Court of the City of St. Louis, by plaintiff filing its petition, wherein it is alleged the defendant is indebted to it in the sum of $492.17, by reason of a written guaranty, whereby the defendant became responsible for the payment of merchandise, bought by one, Mrs. G.B. Reber, to an amount not to exceed $500 per month.
The answer admitted:
First: the execution of the written guaranty, and admitted that plaintiff demanded payment of the account after March 1, 1914;
Second: That the purchases of Mrs. Reber were made more than nine years after the date and…
2Cases cited7 opinions
- Kansas City ex rel. Kansas City Hydraulic Press Brick Co. v. YoumansSupreme Court of Missouri · 1908
- Third National Bank v. St. Charles Savings BankSupreme Court of Missouri · 1912
- N. O. Nelson Manufacturing Co. v. ShreveMissouri Court of Appeals · 1902
- Shine's Administrator v. Central Savings BankSupreme Court of Missouri · 1879
- Sterling v. Parker-Washington Co.Missouri Court of Appeals · 1914
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3Cited by4 opinions
- Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
- Massachusetts Bonding & Investment Co. v. Simonds-Shields-Lonsdale Grain Co.Missouri Court of Appeals · 1932
- Continental Bank & Trust Co. v. AMERICAN BONDINGDistrict Court, E.D. Missouri · 1978
- Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932