Newman v. Bank of Watson
Missouri Court of Appeals
Appeal from the Atchison Circuit Court. — IIon. C. A. Anthony, Judge. (1) The court erred in sustaining plaintiff’s motion to strike out the principal part of defendant’s answer. The portion stricken out sets up a good defense. (2) The written memorandum shows on its face that it is informal and incomplete, and evidence is admissible to explain it and show the additional terms. Sparks v. Brown, 33 Mo. App. 505; s. o., 46 Mo. App. 529; Finks v. Hathaway, 64 Mo.
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Appeal from the Atchison Circuit Court. — IIon. C. A. Anthony, Judge. (1) The court erred in sustaining plaintiff’s motion to strike out the principal part of defendant’s answer. The portion stricken out sets up a good defense. (2) The written memorandum shows on its face that it is informal and incomplete, and evidence is admissible to explain it and show the additional terms. Sparks v. Brown, 33 Mo. App. 505; s. o., 46 Mo. App. 529; Finks v. Hathaway, 64 Mo. App. 186; Quick v. Glass, 128 Mo. 320. Ambiguities may be explained. Filis v. Harrison, 104 Mo. 531; Brolaskiv. Aal, 55 Mo. App. 196.…
1Opinion of the CourtSmith, P. J.
Statement. This is a suit in equity. The plaintiff and the defendant Garst in his quality as the administrator of the estate of S. H. . Hackett, deceased, entered into a written contract, the material and relevant portions of which were as follows, to wit:
“That in consideration of the sum of one thousand■ dollars deposited in the Bank of Watson byP. Newman for credit of B. F. Garst, administrator estate S. H. Hackett, B. F. Garst, administrator, agrees to deposit in same bank deed to farm located in Nishnabotna township, belonging to heirs of S. H. Hackett, containing about two hundred and…
2Cases cited8 opinions
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Brown v. BowenSupreme Court of Missouri · 1886
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
- Moss v. GreenSupreme Court of Missouri · 1867
- James Halpin Manufacturing Co. v. School District of CaliforniaMissouri Court of Appeals · 1893
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3Cited by2 opinions
- Zink v. Pittsburg & Midway Coal Mining Co.Missouri Court of Appeals · 1964
- Moots v. CopeMissouri Court of Appeals · 1910