Expansion Realty Co. v. Geren
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number Two. — Hon. David E. Blairf Judge. (1) The two letters of November 14, 1912, in their relation to the issues, in this case occupy the same position as any other two separate instruments or papers between the same parties and must be read and construed together as one instrument, in arriving at the intention and meaning of the writer in the transaction in issue, and the recitals or statements in one should be explained…
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Appeal from Jasper County Circuit Court, Division Number Two. — Hon. David E. Blairf Judge. (1) The two letters of November 14, 1912, in their relation to the issues, in this case occupy the same position as any other two separate instruments or papers between the same parties and must be read and construed together as one instrument, in arriving at the intention and meaning of the writer in the transaction in issue, and the recitals or statements in one should be explained or limited by reference to the other. Sexton v. Anderson, 95 Mo. 373; Houck v. Frisbee, 66 Mo. App. 16; Jennings-v.…
1Opinion of the Court
OPINION.
FARRINGTON, J.
It will he remembered that on the evening of Novemeber 14, 1912, after Spiva had left the office of Douglass, two letters were written by Douglass to Spiva confirming their agreement adjusting the controversy between plaintiff and Geren & Company. Spiva admits receiving them, using the one that he had asked for along with the escrow agreement with Lord, and admits that he made no answer to either of these letters. He does not state why he did not answer them.
It could be possible that although plaintiff had all along, as the correspondence shows, contended that defendants…
2Cases cited16 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Harriman v. StoweSupreme Court of Missouri · 1874
- Sexton v. AndersonSupreme Court of Missouri · 1888
- Jennings v. ToddSupreme Court of Missouri · 1893
- Acton v. DooleySupreme Court of Missouri · 1881
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3Cited by4 opinions
- Stark v. ColeMissouri Court of Appeals · 1963
- White v. ReadingSupreme Court of Missouri · 1922
- Anderson v. WellsMissouri Court of Appeals · 1925
- Pierson v. WarrenCourt of Appeals of Texas · 1932