International Text-Book, Co. v. Lewis
Missouri Court of Appeals
Appeal from Newton Circuit Court. — No». F. 0. Johnston, Judge. The court should have given the peremptory instruction for plaintiff. The position of the defendant at the trial was that a verbal agreement had been made •with, him by the agent of plaintiff whereby plaintiff was to furnish the instruments free with the tuition. According to his testimony this promise was antecedent to the drafting and signing of the contract.
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Appeal from Newton Circuit Court. — No». F. 0. Johnston, Judge. The court should have given the peremptory instruction for plaintiff. The position of the defendant at the trial was that a verbal agreement had been made •with, him by the agent of plaintiff whereby plaintiff was to furnish the instruments free with the tuition. According to his testimony this promise was antecedent to the drafting and signing of the contract. In these circumstances the plea that he did not read it, and that it does not contain the prior yerbal agreement, comes too late to avail as a defense. Campbell v. Van…
1Opinion of the CourtGoode, J.
This plaintiff is an incorporated company doing business in the State of Pennsylvania. It conducts the Internáfcional Correspondence Schools at Scranton. These schools furnish instruction in various courses of scholarship through correspondence. If a person purchases a scholarship certain papers, examination questions and other material are furnished him, the character of the supplies depending on the particular course of study he selects. A scholar is supposed *160to send in written work done by Mm pursuant to the papers, tó be examined by the officers and teachers of the schools. Among the…
2Cases cited4 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Springfield Seed Co. v. WaltMissouri Court of Appeals · 1902
- Boulware v. CrohnMissouri Court of Appeals · 1907
- Rothschild v. FrensdorfMissouri Court of Appeals · 1886
3Cited by7 opinions
- Barnebey v. Barron G. Collier, Inc.Court of Appeals for the Eighth Circuit · 1933
- Patterson v. Yellow Cab Mfg. Co.Court of Appeals of Texas · 1927
- Zellar v. RansonMissouri Court of Appeals · 1909
- International Text-Book Co. v. RobertsMichigan Supreme Court · 1912
- Mooneyham v. CornickCourt of Appeals of Texas · 1927
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