Legal Opinion

Reigart v. Manufacturers Coal & Coke Co.

Supreme Court of Missouri

Decided March 9, 1909PublishedCited by 29 opinions

Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in refusing to admit parol evidence to show the conditions and circumstances surrounding the parties prior to and at the time the contract was executed, for the purpose of showing what the parties intended by the contract. 17 Cyc. 673; Laclede Cons. Co. v. Moss Tie Co., 185 Mo. 25; Liebke v. Knapp, 79 Mo. 22; Minn. Lumber Co. v. Coal Co., 160 111. 85; Fire Ins.

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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in refusing to admit parol evidence to show the conditions and circumstances surrounding the parties prior to and at the time the contract was executed, for the purpose of showing what the parties intended by the contract. 17 Cyc. 673; Laclede Cons. Co. v. Moss Tie Co., 185 Mo. 25; Liebke v. Knapp, 79 Mo. 22; Minn. Lumber Co. v. Coal Co., 160 111. 85; Fire Ins. Ass’n v. Wickham, 141 U. S. 564; North American Trans., etc., Co. v. Samuels, 146 Fed. (C. C. A.) 48. (2) The court erred in refusing to admit parol…

1Opinion of the CourtWoodson, J.

This suit originated in the circuit court of Adair county, and was instituted by plaintiff against defendant to recover approximately $1,000,000 for the breach of the contract hereinafter-set forth. The trial resulted in a verdict and judgment in favor of the defendant, and, after taking the-proper preliminary steps, he appealed the cause to» this court.

The cause was assigned to Division No. One, and was there argued and submitted for adjudication, which resulted in a divided court, and in pursuance to the mandate of the Constitution the cause was transferred to Court in Banc.

The contract…

2Cases cited34 opinions

  1. Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
  2. Williams v. MorrisSupreme Court of the United States · 1877
  3. Grafton v. CummingsSupreme Court of the United States · 1879
  4. Ringer v. HoltzclawSupreme Court of Missouri · 1892
  5. Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891

29 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
  2. Hudson v. BrowningSupreme Court of Missouri · 1915
  3. McCaw v. O'MalleySupreme Court of Missouri · 1923
  4. Kennedy v. BowlingSupreme Court of Missouri · 1928
  5. Leesley Bros v. A. Rebori Fruit Co.Missouri Court of Appeals · 1912

24 more not listed; retrieve them via the Exa API.

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