Buster Brown Co. v. North-Mehornay Furniture Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Blover, Judge. (1) It is fundamental that when an undertaking of parties is reduced to writing, in tbe absence of fraud, accident or mistake, it is conclusively presumed that the whole engagement and manner and extent of their undertaking were reduced to writing. Dexter v. MacDonald, 196 Mo. 391; Official, etc., Co. v. Weber, etc., Co., 130 Mo.
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Appeal from Jackson Circuit Court. — Eon. James E. Blover, Judge. (1) It is fundamental that when an undertaking of parties is reduced to writing, in tbe absence of fraud, accident or mistake, it is conclusively presumed that the whole engagement and manner and extent of their undertaking were reduced to writing. Dexter v. MacDonald, 196 Mo. 391; Official, etc., Co. v. Weber, etc., Co., 130 Mo. App. 650; Plumb v. Cooper, 121 Mo. 676. (2) When the contract is unambiguous, its language clear and explicit, and its terms easy of interpretation, parol evidence of any kind is inadmissible to…
1Opinion of the CourtEllison, J.
This action is founded on a written contract executed by defendant. The judgment was for plaintiff in the sum of fifty dollars, and being dissatisfied with that amount, it appealed.
The following is the contract:
“To the Buster Brown Co.,
“Fine Arts Bldg., Chicago, Ill.
“Date Noy. 3, 1906.
“Gentlemen: For one year beginning at once ship ns monthly by express at our expense your “Ad. Service” consisting of: One Little Housemaid cut for each week. We agree to pay you net cash on receipt at the rate of $6 per week, we to have exclusive right to use same in our city only, and to hold said type and…
2Cases cited5 opinions
- Calloway v. HendersonSupreme Court of Missouri · 1895
- Wilcox v. BaerMissouri Court of Appeals · 1900
- Blanke v. DunnermannMissouri Court of Appeals · 1896
- Newberry v. DurandMissouri Court of Appeals · 1901
- Thompson v. ThorneMissouri Court of Appeals · 1900
3Cited by2 opinions
- Zagarri v. NicholsSupreme Court of Missouri · 1968
- National Merchandising Corporation v. McAlpinMissouri Court of Appeals · 1969