Simrall v. American Multigraph Sales Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon, O. 8. Hill, Special Judge. (1) Since the contract between the parties was in writing and identified a particular machine, and since there was no charge of fraud or mistake, the parol evidence offered by respondent tending to Vary the terms of the contract was inadmissible. Dexter v. MacDonald, 196 Mo. 373; Textbook Co. v. Lewis, 130 Mo.
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Appeal from Jackson Circuit Court. — Hon, O. 8. Hill, Special Judge. (1) Since the contract between the parties was in writing and identified a particular machine, and since there was no charge of fraud or mistake, the parol evidence offered by respondent tending to Vary the terms of the contract was inadmissible. Dexter v. MacDonald, 196 Mo. 373; Textbook Co. v. Lewis, 130 Mo. App. 158; Plumb v. Cooper, 121 Mo. 668; Morgan v. Porter, 103 Mo. 140; State v. Hostow, 98 Mo. 358; Ins. Co. v. Wolfson, 124 Mo. App. 291; Strother v. Cooperage Co., 116 Mo. App. 518; Harrington v. Brockman, 109 Mo.…
1Opinion of the CourtJohnson, J.
This action was begun in a justice court on the following statement:
“Plaintiff for his cause of action against defendant states: That defendant is a corporation duly organized and existing under and by virtue of the laws of Ohio. That on or about the 27th day of September, 1910, the plaintiff ordered from the defendant one Gammeter Multigraph Elite Type Machine at and for the sum of $300, one tubing stand and one operator’s stool at and for the sum of twenty-five dollars, for which plaintiff paid the defendant on account of said purchase the sum of $125; that the defendant has failed and…
2Cases cited3 opinions
- Union Brewing Co. v. EhlhardtMissouri Court of Appeals · 1909
- Guarantee Interior Fixture Co. v. St. Louis American League Baseball Co.Missouri Court of Appeals · 1911
- Redel v. Missouri Valley Stone Co.Missouri Court of Appeals · 1907
3Cited by3 opinions
- Fabick Bros. Equipment Co. v. LerouxMissouri Court of Appeals · 1964
- Union Indemnity Co. v. Home Trust Co.Court of Appeals for the Eighth Circuit · 1933
- Land O'Lakes Creameries, Inc. v. Commodity Credit Corp.District Court, D. Minnesota · 1960