Rothschild v. Frensdorf
Missouri Court of Appeals
Appeal from tlie Greene County Circuit Court, W. _F. Geiger, Judge. The instru-. ment did not show on its face whether it was part of the -contract of dissolution, or subsequent to that contract. Benson v. Peebles, 5 Mo. 132. Parol evidence is admissible in explanation of a written contract to show the situation of the parties, the object in view, and the consideration, but not to contradict or control the same.
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Appeal from tlie Greene County Circuit Court, W. _F. Geiger, Judge. The instru-. ment did not show on its face whether it was part of the -contract of dissolution, or subsequent to that contract. Benson v. Peebles, 5 Mo. 132. Parol evidence is admissible in explanation of a written contract to show the situation of the parties, the object in view, and the consideration, but not to contradict or control the same. Lubhe v. Knapp, 79 Mo. 26; Baldwin v. Garter, 17 Conn. 20; Wilson v. Sroup, 2 Cowen 195; Brown v. Slater, 18-Ooan. 132. An answer must deny every allegation of the petition. Replies…
1Opinion of the CourtThompson, J.
It is important in this case to consider what the issues which were tried really were.
The petition stated in substance that the plaintiff and the defendant were partners ; that upon the dissolution of their co-partnership there was an indebtedness of eight hundred dollars due the firm by one Bowe; that it was agreed between the plaintiff and the defendant that the defendant should collect this debt and pay one-half of it to the plaintiff; that the defendant has collected this debt and refuses to pay one-half of it to the plaintiff ; wherefore the plaintiff sues.
The answer contains three…
2Cases cited2 opinions
- Moffatt v. ConklinSupreme Court of Missouri · 1865
- Taylor v. FoxMissouri Court of Appeals · 1885
3Cited by8 opinions
- Beck & Pauli Lithographing Co. v. ObertMissouri Court of Appeals · 1892
- Colliott v. American Manufacturing Co.Missouri Court of Appeals · 1897
- Palmer v. Continental InsuranceMissouri Court of Appeals · 1888
- Herndon v. Triple AllianceMissouri Court of Appeals · 1891
- International Text-Book, Co. v. LewisMissouri Court of Appeals · 1908
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