Legal Opinion

Clark v. Diffenderfer

Missouri Court of Appeals

Decided May 22, 1888PublishedCited by 1 opinion

Appeal from the Laclede Circuit Court, Hon. Ben. V. Alton, Judge. It was manifest error in the court to allow parol evidence to go to the jury varying the terms of the written contract. Shickle v. Qhouteau, 84 Mo. 161; James v. Qlough, 20 Mo. App. 147; Bartlett v. Weyman, 14 Johns. 260 ; Hanson v. Stetson, 5 Pick. 506; 1 G-reenl. Evid., sec. 275 ; 2 Stark.

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Appeal from the Laclede Circuit Court, Hon. Ben. V. Alton, Judge. It was manifest error in the court to allow parol evidence to go to the jury varying the terms of the written contract. Shickle v. Qhouteau, 84 Mo. 161; James v. Qlough, 20 Mo. App. 147; Bartlett v. Weyman, 14 Johns. 260 ; Hanson v. Stetson, 5 Pick. 506; 1 G-reenl. Evid., sec. 275 ; 2 Stark. Evid. 544. -The clause in the written contract, stating that “the measurement and classification to be the same as made by the chief engineer or his assistants,” is the essence of the entire contract. The first instruction given by the…

1Opinion of the CourtPeeks, J.

This cause was transferred to this court from the Supreme Court, pursuant to the provisions of an act of the General Assembly of the state of Missouri, approved March 4, 1885. Laws, 1885, p. 144.

The case originated before a justice of the peace in Laclede county and is based on an account for work done under a written contract. Prom the judgment of tbe justice the defendant appealed to the circuit court, where, in August, the plaintiff again having judgment, the defendants again appeal and bring the case here.

Quite a number of reasons are assigned why the judgment should be reversed, chief…

2Cases cited2 opinions

  1. James v. CloughMissouri Court of Appeals · 1887
  2. Shickle v. Chouteau, Harrison & Valle Iron Co.Missouri Court of Appeals · 1881

3Cited by1 opinion

  1. Welsh v. EdmissonMissouri Court of Appeals · 1891

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