Belch v. Miller
Missouri Court of Appeals
Appeal from Cole. Circuit Court. — Hon. E. L. Edwards, Judge. The case is stated in the opinion. (1) The construction of a contract should be liberal. Unless an agreement be manifestly intended to be frivolous or inconsistent, it should be so construed as to give it some effect, for the parties must be supposed to have intended something by their agreement.
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Appeal from Cole. Circuit Court. — Hon. E. L. Edwards, Judge. The case is stated in the opinion. (1) The construction of a contract should be liberal. Unless an agreement be manifestly intended to be frivolous or inconsistent, it should be so construed as to give it some effect, for the parties must be supposed to have intended something by their agreement. Story on’ Cont. [5 Ed.] secs. 781, 783; Chi tty on Cont. 79; Thrall v. Newell, 19 Yt. 202. (2) The construction of a written document is a matter of law, where the meaning is to be ascertained from the document itself ; but where the…
1Opinion of the CourtRamsay, J.
— This suit was instituted by the appellant Eliza C. Belch, as executrix of the last will of J. Ed. Belch, deceased, against the respondents, founded upon an alleged breach of one of the clauses of a written lease, which was in words and figures following :
“Whereas the parties hereto are desirous of constructing and maintaining, at some convenient and accessible place, a pond for the growth and production of wild rice,' celery, asparagus and other feed for wild fowls, to the use therefore, that this may be accomplished, it is hereby agreed by and between J. Ed. Belch, party of the first part,…
Also in this document: Concurrence.
2Cases cited7 opinions
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Patterson v. CamdenSupreme Court of Missouri · 1857
- Gathwright v. Callaway CountySupreme Court of Missouri · 1847
- Foster v. KimmonsSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Rose v. Eclipse Carbonating Co.Missouri Court of Appeals · 1894
- Security Trust & Life Insurance v. EllsworthWisconsin Supreme Court · 1906
- Lancaster v. ElliotMissouri Court of Appeals · 1893
- Waters-Pierce Oil Co. v. Progressive Gin Co.Supreme Court of Oklahoma · 1916
- Estes v. First National BankColorado Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.