American Publishing & Engraving Co. v. Walker
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. The plaintiff solicited the order, the defendant signed it, and the plaintiff accepted it and complied with, its terms. This constitutes the written contract in evidence. When parties have put their contracts in writing, in the absence of accident, fraud or mistake, it is conclusively presumed that the whole engagement, and the extent and manner of their undertaking was reduced to writing.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. The plaintiff solicited the order, the defendant signed it, and the plaintiff accepted it and complied with, its terms. This constitutes the written contract in evidence. When parties have put their contracts in writing, in the absence of accident, fraud or mistake, it is conclusively presumed that the whole engagement, and the extent and manner of their undertaking was reduced to writing. State ex rel. v. Hoshaw, 98 Mo. 358; Hempler v. Schneider, 17 Mo. 258; Lindell v. Rokes, 60 Mo. 249; New Lindell Hotel Co. v. Bailey, 3 Mo.…
1Opinion of the CourtGoode, J.
The appellant sued the respondent on the following written instrument:
“It is agreed that the American Publishing and Engraving Company will not be held responsible for any provisions not embodied in writing herein, and that this contract can not be cancelled without the written consent of the said company.
“The American Publishing and Engraving Company, Syndicate Department, 146 to 150 Nassau street, and 2 to 6 Spruce street, New York: You are hereby authorized to furnish the undersigned for my exclusive use one cut and no duplicate and reading matter weekly to illustrate the merchant tailor…
2Cases cited24 opinions
- Storm v. United StatesSupreme Court of the United States · 1877
- Vogel v. PekocIllinois Supreme Court · 1895
- Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
- Glover v. HendersonSupreme Court of Missouri · 1894
- Mastin v. GrimesSupreme Court of Missouri · 1885
19 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Coffman Industries, Inc. v. Gorman-Taber Co.Missouri Court of Appeals · 1975
- National Cash Register Co. v. LeskoSupreme Court of Connecticut · 1904
- Red-E-Gas Company v. MeadowsMissouri Court of Appeals · 1962
- Brown v. SmithMissouri Court of Appeals · 1905
- Rhodes v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1904
11 more not listed; retrieve them via the Exa API.