Legal Opinion

McNeill v. Wabash Railway Co.

Missouri Court of Appeals

Decided May 3, 1921PublishedCited by 3 opinions

Appeal from the Circuit Court of Audrain County.— Hon. E. S. Gantt, Judge. (1) In the absence of fraud or mistake the written contract may not be varied or contradicted by parole testimony. Mistake to avoid the contract must be mutual, and not negligently made.

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Appeal from the Circuit Court of Audrain County.— Hon. E. S. Gantt, Judge. (1) In the absence of fraud or mistake the written contract may not be varied or contradicted by parole testimony. Mistake to avoid the contract must be mutual, and not negligently made. Where one signs a contract knowing its terms, or without knowing or without making any effort to know its contents, he will not be permitted to vary or contradict on the ground of mistake, and parole evidence is inadmissible to piece out or modify it, or subtract from the essential elements of the writing. Avery Co. v. Powell, 174 Mo.…

1Opinion of the Court

This is an action against the defendant, a common carrier, for alleged damages resulting to the plaintiffs by reason of the wrongful delivery by the defendant of certain live stock belonging to the plaintiffs. Plaintiffs recovered and defendant prosecutes the appeal.

The cause of action stated in the petition is as follows: "That on the 16th day of January, 1918, the plaintiffs delivered, and the defendant received, two hundred and eighteen head of sheep, being breeding ewes, which defendant agreed for in consideration of certain freight charges paid well and safety to carry from Mexico,…

2Cases cited18 opinions

  1. Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
  2. Bank of British North America v. CooperSupreme Court of the United States · 1890
  3. Southern Express Co. v. DicksonSupreme Court of the United States · 1877
  4. Wernick v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
  5. Lester v. Delaware, L. & W. RailroadNew York Supreme Court · 1895

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3Cited by3 opinions

  1. Fricke v. BelzMissouri Court of Appeals · 1944
  2. Estherville Produce Co. v. Chicago, R. I. & P. R.Court of Appeals for the Eighth Circuit · 1932
  3. Nicholls v. KammerichMissouri Court of Appeals · 1981

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