Dearmin v. Schnell
Missouri Court of Appeals
-Appeal from the Hoioard Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The trial court erred in giving the instruction in the nature of a demurrer to plaintiff’s evidence. The contract itself is plain and explicit. It is silent as to the kind or quality of the water. .There is no pretense that it does not contain the entire agreement of the parties. It stipulates merely a certain quantity, or no pay.
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-Appeal from the Hoioard Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The trial court erred in giving the instruction in the nature of a demurrer to plaintiff’s evidence. The contract itself is plain and explicit. It is silent as to the kind or quality of the water. .There is no pretense that it does not contain the entire agreement of the parties. It stipulates merely a certain quantity, or no pay. (2) The writing embraced the entire contract upon which the minds of the parties, met; and parol evidence was not admissible to control or enlarge its terms. Murdoch v. Granahl,A5 Mo. 135;…
1Opinion of the Court
(till, J.
Plaintiff sued defendant for the price of digging a well on the latter’s farm. The contract between the parties was reduced to writing and was as follows:
“G-lasgow, Mo., Dec. 6, 1895.
“This is to certify I have this day agreed to let M. Dearmin bore and drill me a well on my farm two miles east of Glasgow. 35 cents, thirty-five cents, per foot for boring, and $1.00 per foot for drilling, except lime and flint rock, which I agree to pay $2.00 per foot; and I agree to board two hands and three horses, and furnish all necessary casing. M. Dearmin agrees to furnish thirty barrels of water…
2Cases cited5 opinions
- Pearson v. CarsonSupreme Court of Missouri · 1879
- Morgan v. PorterSupreme Court of Missouri · 1890
- Fruin v. Crystal Railway Co.Supreme Court of Missouri · 1886
- Blum v. BrownCourt of Appeals of Texas · 1895
- James T. Hair Co. v. WalmsleyMissouri Court of Appeals · 1888
3Cited by2 opinions
- Collette v. ReboriMissouri Court of Appeals · 1904
- Rohrmoser v. Household Finance Corp.Missouri Court of Appeals · 1935