Hardy v. Matthews
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. The ambiguity does not arise upon the face of the contract. It is not “ patent.” No one would discover it merely by inspection of the paper. Some outside fact must be known before any ambiguity appears. It is not until we are informed that, in point of fact, there are two tracts of land which will answer the description in the contract, that any ambiguity appears. This fact could only be known by proof.
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Error to St. Louis Court of Common Pleas. The ambiguity does not arise upon the face of the contract. It is not “ patent.” No one would discover it merely by inspection of the paper. Some outside fact must be known before any ambiguity appears. It is not until we are informed that, in point of fact, there are two tracts of land which will answer the description in the contract, that any ambiguity appears. This fact could only be known by proof. Although the court below knew it, from his general familiarity with the plan of the city of St. Louis, yet it was not a fact of which he could take…
1Opinion of the CourtWagner, Judge
This was an action brought by the plaintiff against the defendant to recover damages for an alleged breach of contract in the sale of land. On the trial, plaintiff offered to read in evidence the receipts taken for part payment of the purchase money, and stating how and where the balance was to be paid, and also a written acknowledgment of sale of one of the pieces of property, all signed by the defendant, the handwriting being admitted. The property was described as “ a piece of property on Leffingwell avenue, one hundred and thirty-four feet eight inches, and one hundred and' five feet on…
2Cases cited3 opinions
- Jackson ex dem. Van Vechten v. SillNew York Supreme Court · 1814
- Bates v. Bank of MissouriSupreme Court of Missouri · 1851
- Vernor v. HenrySupreme Court of Pennsylvania · 1834
3Cited by16 opinions
- Coe v. RitterSupreme Court of Missouri · 1885
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Campbell v. JohnsonSupreme Court of Missouri · 1869
- Charles v. PatchSupreme Court of Missouri · 1885
- Sengfelder v. HillWashington Supreme Court · 1899
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