Chouteau v. Jupiter Iron Works
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) It is the duty of the court to construe a contract; to declare its meaning and effect to the jury. San Antonio v. Lewis, 9 Tex. 69 ; Goddard v. Foster, 17 Wall. 142; Smith v. Faulkner, 12 Gray 251; Thomas v. Thomas, 15 B. Monroe 178; Whittelsy v. Kellogg, 28 Mo. 404. (2) It is the duty of the court to construe an ambiguous contract in the light of the surrounding circumstances.
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Appeal from St. Louis Court of Appeals. (1) It is the duty of the court to construe a contract; to declare its meaning and effect to the jury. San Antonio v. Lewis, 9 Tex. 69 ; Goddard v. Foster, 17 Wall. 142; Smith v. Faulkner, 12 Gray 251; Thomas v. Thomas, 15 B. Monroe 178; Whittelsy v. Kellogg, 28 Mo. 404. (2) It is the duty of the court to construe an ambiguous contract in the light of the surrounding circumstances. M. & M. R. Co. v. Jurey, 111 U. S. 592; Barreda v. Silsbee, 21 How. (U. S.) 146; Nash v. Towne, 5 Wall. 689; Canal Co. v. Hill, 15 Wall. 94. (3) It is the duty of the court,…
1Opinion of the CourtHenry, J.
This action is for the recovery of damages for breach of the following written agreement, between plaintiff and defendant:
“Agreement made and entered into this 27th day of March, 1877, by and between Pierre Chouteau, of the City of St. Louis, party of the first part, and the Jupiter Iron Company, of the City of St. Louis, a corporation duly organized under the laws of the state of Missouri, party of the second part. Witnesseth: The party of the first part agrees, for and in consideration of the sum of one dollar, in hand paid, and the further sum of money hereinafter named, to enter into the…
2Cases cited3 opinions
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Henry v. BassettSupreme Court of Missouri · 1881
- Riggins v. Missouri River, Fort Scott & Gulf RailroadSupreme Court of Missouri · 1881
3Cited by10 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- Structural Polymer Group, Ltd. v. Zoltek Corp.Court of Appeals for the Eighth Circuit · 2008
- Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
- Seligman v. RogersSupreme Court of Missouri · 1893
- Smith v. Keith & Perry Coal Co.Court of Appeals of Kansas · 1889
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