Boyd v. Paul
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. Gr. McG-begob, Judge. Action for damages for breach of a contract thus in substance described in the petition: On the twelfth day of September, 1891, plaintiff owned one third of a promissory note for $9,000, secured on real estate, whereupon he contracted with defendant on said date to transfer to him such interest, and in return therefor defendant, the owner of two fifths interest in a mining lease with an unexpired term of…
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Appeal from Jasper Circuit Court. — Hon. M. Gr. McG-begob, Judge. Action for damages for breach of a contract thus in substance described in the petition: On the twelfth day of September, 1891, plaintiff owned one third of a promissory note for $9,000, secured on real estate, whereupon he contracted with defendant on said date to transfer to him such interest, and in return therefor defendant, the owner of two fifths interest in a mining lease with an unexpired term of thirteen years on certain mining lots, and the like fractional interest in the tools and machinery on said lots, agreed, on…
1Opinion of the CourtSherwood, J.
As already seen the only point presented for determination is whether testimony as to a portion of the contract, being verbal, was properly excluded.
In the first place it is one of the fundamentals of the law of evidence that all precedent as well as all contemporaneous negotiations in relation to a contract afterward .reduced to writing, are, in the absence of accident, etc., conclusively presumed to have been swallowed up by, and entirely merged and expressed in, the written instrument, which thenceforth becomes the sole expression of the will and agreement of the contracting parties. This…
2Cases cited6 opinions
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Allen v. RichardSupreme Court of Missouri · 1884
- Huse v. AmesSupreme Court of Missouri · 1890
- State ex rel. Yeoman v. HoshawSupreme Court of Missouri · 1889
- O'Neil v. CrainSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
- Woodworth v. FranklinSupreme Court of Oklahoma · 1921
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
32 more not listed; retrieve them via the Exa API.