Myers v. Walker
Illinois Supreme Court
This was an action of assumpsit, by Walker and Kellogg, against H. Myers & Co., for $>20,000, to March term, 1858. The declaration contained the common counts for goods, etc., delivered ; goods, etc., sold; work and materials; money loaned ; money paid; money received; account stated; interest; and corn, wheat and grain.
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This was an action of assumpsit, by Walker and Kellogg, against H. Myers & Co., for $>20,000, to March term, 1858. The declaration contained the common counts for goods, etc., delivered ; goods, etc., sold; work and materials; money loaned ; money paid; money received; account stated; interest; and corn, wheat and grain. Plaintiff’s account filed March 12, 1859, commencing 9th March, 1853; debits of bal. acct., cash, lumber, sacks, labor, and interest, $14,846.63; credits of corn, sacks, and commissions, $8,160.76; balance, $6,685.87. Plea: General issue and joinder; also, notice of set-off…
1Opinion of the CourtWalker, J.
Meaning of terms of art, of science, technical phrases and words of local meaning, may, undoubtedly, when employed in an agreement, be proved by extrinsic evidence; and, by so doing, the rule is not violated which prohibits the introduction of evidence to alter, vary or explain an agreement, or that a written contract cannot exist partly in parol and partly in writing. By receiving such evidence, the court does no more than when it refers to a lexicon to ascertain the meaning. of a word. This h"as no tendency to vary the contract, but is the only means of ascertaining the intention of the…
2Cited by7 opinions
- City of Elgin v. JoslynIllinois Supreme Court · 1891
- Galena Insurance v. KupferIllinois Supreme Court · 1862
- City of Elgin v. JoslynAppellate Court of Illinois · 1890
- Yost v. Anchor Fire InsuranceSuperior Court of Pennsylvania · 1909
- Continental Casualty Co. v. American Fidelity & Casualty Co.District Court, S.D. Illinois · 1959
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