Viernow v. City of Carthage
Missouri Court of Appeals
■ Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The court over the objection and exception of defendant permitted plaintiff to show what the meaning of the term “macadam” was at the time the contract was entered into. The contract is not ambiguous and it was the duty of the court to construe the contract.
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■ Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) The court over the objection and exception of defendant permitted plaintiff to show what the meaning of the term “macadam” was at the time the contract was entered into. The contract is not ambiguous and it was the duty of the court to construe the contract. Ford v. Dyer, 148 Mo. 541’; Chapman v. Railroad, 114 Mo. 542; Greason v. Railroad, 112 Mr. App. 129. (2) Plaintiff’s given instruction No. x left it to the jury to determine what the parties meant by the use of the word “macadam” in the contract. The court should have…
1Opinion of the Court
COX, J. —
Defendant contends that the court committed error in permitting plaintiff to show by witnesses what the parties to the contract understood the word “macadam” to mean when they executed the contract, that the contract is not ambiguous, and, hence it was the duty of the court to construe it and declare its meaning as it was written.
The word “macadam,” as used in this contract, evidently refers to the material to be used, and there can be *279no question but that the crushed stone to be furnished by plaintiff was “macadam.”
The word “macadam” may have a variety of meanings according to the…
Also in this document: Concurrence.
2Cases cited3 opinions
- Partridge v. LucasCalifornia Supreme Court · 1893
- Jones v. PlummerMissouri Court of Appeals · 1909
- State ex rel. Haydon v. CurryNevada Supreme Court · 1865
3Cited by5 opinions
- Jacobs v. DancigerSupreme Court of Missouri · 1931
- Grant v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
- Kopff v. DevesMissouri Court of Appeals · 1959
- McGinnis v. HardgroveMissouri Court of Appeals · 1912
- Berry Foundry Co. v. International Moulders UnionMissouri Court of Appeals · 1914