Blair v. Corby
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. If language is used which has a technical or local or provincial meaning which is not understood by the court, or when words have a particular meaning when used in connection with a particular kind of transaction, the court should admit parol evidence to apply or explain the particular words used. (1 G-reenl.
Read the full summary
Appeal from Buchanan Court of Common Pleas. If language is used which has a technical or local or provincial meaning which is not understood by the court, or when words have a particular meaning when used in connection with a particular kind of transaction, the court should admit parol evidence to apply or explain the particular words used. (1 G-reenl. Ev. § 280 and notes, and § 292 et seq.~) And where, also, circumstances and facts arise during the execution of a contract, which were not within the contemplation of either party, then either party, by parol, may show the fact that said…
1Opinion of the CourtHolmes, Judge
The petition is based upon a written contract for the build-ding of a portion of the western division of the Hannibal and St. Joseph Railroad, and the plaintiff claims to recover of the defendant a balance of fifteen hundred dollars for what he alleges to be due for extra work done under said contract, but over and above what was therein specially provided for. The plaintiff had contracted to construct and complete the clearing, grubbing, grading and masonry, and to furnish all requisite materials for the completion of the work, according to the specifications annexed, and he was to receive,…
2Cases cited2 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1834
- Shephard v. St. Charles Western Plank Road Co.Supreme Court of Missouri · 1859
3Cited by3 opinions
- Moran Bolt & Nut Manufacturing Co. v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Davis v. Commissioners of SewerageDistrict Court, W.D. Kentucky · 1936
- Gaunt, Maupin & Co. v. C. H. Pries & Co.Missouri Court of Appeals · 1886