Riley-Wilson Grocer Co. v. Seymour Canning Co.
Missouri Court of Appeals
Appeal from Webster Circuit Court.- — Eon. Argus Cox, Judge. (1) The court cannot read into a contract already plain an additional article of agreement, not contemplated by tbe parties, and then by an instruction allow a party to escape a liability where no such escape was provided for in the original agreement. Johnson v. Pugh, 85 N. W. 641, 110 Wis. 487; Walker v. Automobile Co., 124 Mo.
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Appeal from Webster Circuit Court.- — Eon. Argus Cox, Judge. (1) The court cannot read into a contract already plain an additional article of agreement, not contemplated by tbe parties, and then by an instruction allow a party to escape a liability where no such escape was provided for in the original agreement. Johnson v. Pugh, 85 N. W. 641, 110 Wis. 487; Walker v. Automobile Co., 124 Mo. App. 628. (2) The defendants under the law were compelled to go into the markets of the world if necessary to comply with their agreement. And to avoid liability they must show that they could not have met…
1Opinion of the CourtGoode, J.
On May 29, 1905, plaintiff, an incorporated company, entered into a contract with the defendants a partnership composed of thirty or forty members, for the purchase of fifteen hundred cases of tomatoes. The contract was in writing and reads as follows :
*327“Seymour, Mo., May 29, 1905.
“Sold Ryley-Wilson Grocer Company, Kansas City, Mo., for tile account of Seymour Canning Co., Seymour, Mo., 1500 cases Standard 3-lb. tomatoes, 1905 pack, 70 cents per doz. f. o. b. tbe factory. 12-1.2 ct. to Kansas City, Mo., or at 10 cts. to Pittsburg, Kas.
“Terms cash, less 1-1.2 per cent in ten days.
“75 per cent…
2Cases cited14 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Durand v. HeneyWashington Supreme Court · 1903
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- Whittemore v. SillsMissouri Court of Appeals · 1898
- Newell v. New Holstein Canning Co.Wisconsin Supreme Court · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- Norman v. DurhamSupreme Court of Missouri · 1964
- Ranney-Davis Mercantile Co. v. Shawano Canning Co.Supreme Court of Kansas · 1922
- Norman v. DurhamSupreme Court of Missouri · 1964
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
1 more not listed; retrieve them via the Exa API.