Legal Opinion

Minnesota Thresher Manufacturing Co. v. Grant City Lumber & Hardware Co.

Missouri Court of Appeals

Decided October 30, 1899PublishedCited by 8 opinions

Appeal from the Worth Circuit Court. — Hon. P. 0. Stepp, Judge. (1) It is a well settled proposition in this state that where a contract is complete in itself, as the guaranty on the back of this note is, parol testimony can not be introduced to contradict, vary d£ add to, and especially is this true where the parol testimony pertains to agreements claimed to have been made prior to reducing the contract to writing.

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Appeal from the Worth Circuit Court. — Hon. P. 0. Stepp, Judge. (1) It is a well settled proposition in this state that where a contract is complete in itself, as the guaranty on the back of this note is, parol testimony can not be introduced to contradict, vary d£ add to, and especially is this true where the parol testimony pertains to agreements claimed to have been made prior to reducing the contract to writing. Pearson v. Carson, 69 Mo. 550; Tracy v. Iron Works Co., 104 Mo. 193; West v. Waller, 51 S. W. Rep. 320. (2) Hence under the evidence and tbe law as applied to this case, there was…

1Opinion of the CourtGill, J.

In August, 1896, one Cook negotiated for and purchased from the plaintiff a threshing outfit. The business was conducted through Goodsill, Cook’s relative, and who was the president and manager of the defendant Hardware Company at Grant City. The sale was concluded August 15, *2571896, -when a writing incorporating the terms of the contract was signed by the parties, and there was also executed by Cook to the machine company three promissory notes — one for $750 due December 1, 1896, one for a like amount due December 1, 1897, and one for $550 due December 1, 189S, all bearing 8 per cent…

2Cases cited7 opinions

  1. Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
  2. Rollins v. ClaybrookSupreme Court of Missouri · 1856
  3. Pearson v. CarsonSupreme Court of Missouri · 1879
  4. Greening v. SteeleSupreme Court of Missouri · 1894
  5. Blake Manufacturing Co. v. JaegerMissouri Court of Appeals · 1899

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Smith Sand & Gravel Co. v. CorbinWashington Supreme Court · 1914
  2. Supreme Lodge Knights of Pythias v. DalzellMissouri Court of Appeals · 1920
  3. Wood v. White Eagle Oil & Refining Co.Missouri Court of Appeals · 1925
  4. Williams v. Kansas City Suburban Belt Railway Co.Missouri Court of Appeals · 1900
  5. Goodwin Manufacturing Co. v. Fritsch Foundry & Machine Co.Missouri Court of Appeals · 1905

3 more not listed; retrieve them via the Exa API.

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