Bowers v. Bell
Missouri Court of Appeals
Appeal from Ralls Circuit Court. — Eon. William T. Raglcmd, Judge. (1) The rule is well settled that proof is admissible of any collateral, parol agreement or independent fact, which does not interfere with the terms of the written contract, though it may relate to the same subject-matter; and whether such collateral agreement was made or independent fact occurred contemporaneously with or as preliminary to the main contract in writing, is quite immaterial.
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Appeal from Ralls Circuit Court. — Eon. William T. Raglcmd, Judge. (1) The rule is well settled that proof is admissible of any collateral, parol agreement or independent fact, which does not interfere with the terms of the written contract, though it may relate to the same subject-matter; and whether such collateral agreement was made or independent fact occurred contemporaneously with or as preliminary to the main contract in writing, is quite immaterial. Owsley v. Jackson, 163 Mo. App. 11; Boggs v. Laundry Co., 171 Mo. 290; Greening v. Steele, 122 Mo. 294; Brown v. Brown, 90 Mo. 189, 190;…
1Opinion of the CourtAllen, J.
This is an action by a real estate broker to recover compensation for his services in effecting a sale of certain land belonging to the defendant. The amended petition upon which the case went to trial is in two counts. The first count declares upon *214an express agreement between plaintiff and defendant whereby plaintiff was to receive any excess over and above $2,400 for which he might sell defendant’s land, averring that plaintiff sold the land for $3200 and thereby became entitled to the sum of $800. The second count of the petition seeks to recover the reasonable value of plaintiff’s…
2Cases cited6 opinions
- Brown v. BowenSupreme Court of Missouri · 1886
- Huckabee v. ShepherdSupreme Court of Alabama · 1883
- Greening v. SteeleSupreme Court of Missouri · 1894
- Boggs v. Pacific Steam Laundry Co.Missouri Court of Appeals · 1902
- Avil Printing Co. v. Fred P. Kaiser Publishing Co.Missouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Becker v. Lagerquist Bros., Inc.Washington Supreme Court · 1960
- Distassio v. American United Life InsuranceMissouri Court of Appeals · 1944
- Mitchell v. PhilippiSupreme Court of Missouri · 1949
- Whaley v. Milton Const. & Supply Co.Missouri Court of Appeals · 1951
- Garden Park Homes Corp. v. Martin Marietta Corp.Supreme Court of Missouri · 1974
1 more not listed; retrieve them via the Exa API.