Huber Manufacturing Co. v. Hunter
Missouri Court of Appeals
Appeal from Knox Circuit Court. — How. Edioin B. McKee, Judge. (1) Our first contention is that the written contract embodied the entire agreement of the parties as to the kind of engine to be sold, and the trial court erred in permitting defendant Hunter to give -oral testimony varying the terms of the written agreement to purchase the engine in question.
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Appeal from Knox Circuit Court. — How. Edioin B. McKee, Judge. (1) Our first contention is that the written contract embodied the entire agreement of the parties as to the kind of engine to be sold, and the trial court erred in permitting defendant Hunter to give -oral testimony varying the terms of the written agreement to purchase the engine in question. The writing embraced the entire contract upon which the minds of the parties met, and parol evidence was not permissible to control or to enlarge its terms. Pearson v. Carson, 69 Mo. 550; Morgan v. Porter, 103 Mo. 135; Hair Co. v. Walmsley.…
1Opinion of the CourtBarclay, J.
This is an action to recover the amount of a promissory note for $825, executed to the plaintiff by defendant in part payment of the purchase price of a traction engine sold by the plaintiff to defendant in August, 1896, and to foreclose a mortgage given to secure the note. The defense is that there was fraud in the sale on the part of plaintiff whereby an old, rebuilt engine was foisted on the defendant in lieu of a new one of the pattern of 1896 which defendant verbally expressed the wish to buy and plaintiff’s agent agreed he should have in execution of the order given; that the fraud was…
2Cases cited11 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Jarrett v. MortonSupreme Court of Missouri · 1869
- Parker v. MarquisSupreme Court of Missouri · 1876
- Nauman v. OberleSupreme Court of Missouri · 1886
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3Cited by3 opinions
- Harris v. EggerCourt of Appeals for the Sixth Circuit · 1915
- Post v. LangColorado Court of Appeals · 1915
- Post v. LangColorado Court of Appeals · 1915