Vandiver v. J. K. Robertson & Son
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Hon. W. P. Cave, Special Judge. (1) The court will place upon the contract that construction which will make it most reasonable and just to all parties.
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Appeal from Randolph Circuit Court. — Hon. W. P. Cave, Special Judge. (1) The court will place upon the contract that construction which will make it most reasonable and just to all parties. Bishop on Contracts, sec. 400. (2) It being admitted by plaintiff that the contract between him and defendants was prepared at his direction, by his attorney, and without the- knowledge or advice of defendants, said contract will be most strictly construed against plaintiff as the party employing the language of the contract. Bishop on Contracts, sec. 414. (3) Where particular words of description are…
1Opinion of the CourtEllison, J.
Plaintiff brought this action to recover damages of the defendants for an alleged breach of contract. There was a change of venue and the cause was submitted to W. P. Cave, Esq., of the Randolph county bar, as special judge, without the aid of a jury. There was a finding and judgment for the plaintiff.
The action grew out of the following contract between the parties: “This contract made and entered into in duplicate, this thirty-first day'of January, 1905, by and between C. P. Vandiver, of Keytesville, Missouri, editor and publisher of the Chariton County Courier, a weekly newspaper printed…
2Cases cited3 opinions
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Gill v. FerrisSupreme Court of Missouri · 1884
- Gordon v. MansfieldMissouri Court of Appeals · 1900
3Cited by4 opinions
- Wills v. ForesterMissouri Court of Appeals · 1910
- L. H. Henry & Sons v. RhinesmithSupreme Court of Iowa · 1935
- Baxter v. TrollMissouri Court of Appeals · 1911
- McLaughlin v. HardinMissouri Court of Appeals · 1908