Jenkins v. Springfield Reduction & Chemical Co.
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) 'The rule laid down in instruction 1 violates three cardinal rules of construction, a. In construing a contract the intention of the parties, if the same can he ascertained, - must govern. Maginn v. Lancaster, 100 Mo. App. 116; Wall v. Casualty Co., Ill Mo. App. 504; Imboden v. Trust Co., Ill Mo. App. 220; Wilson v. Wilson, 115 Mo. App. 641; Comstock v. Flower, 100 Mo. App. 275. b.
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Appeal from Greene County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) 'The rule laid down in instruction 1 violates three cardinal rules of construction, a. In construing a contract the intention of the parties, if the same can he ascertained, - must govern. Maginn v. Lancaster, 100 Mo. App. 116; Wall v. Casualty Co., Ill Mo. App. 504; Imboden v. Trust Co., Ill Mo. App. 220; Wilson v. Wilson, 115 Mo. App. 641; Comstock v. Flower, 100 Mo. App. 275. b. The parties to a contract are presumed to have used the words in their ordinary sense. Greason v. Eailroad, 112 Mo. App. 116; Eogers v.…
1Opinion of the CourtSturgis, J.
The plaintiff recovered judgment against the defendants for the conversion of a quantity of fertilizer claimed to he his property. The defendants justified the conversion by asserting their own ownership to the same. This dispute as to ownership arose in this way. The plaintiff owned a plant for manufacturing fertilizer located near Springfield, Mo., his supply of raw material being largely obtained from gathering up dead animals, garbage, etc., in that city. In the spring of 1910, after some negotiations, the defendant Dysart concluded to buy an interest in this business with plaintiff and…
Also in this document: Concurrence.
2Cases cited9 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
- O'Brien v. AshSupreme Court of Missouri · 1902
- Fruin v. Crystal Railway Co.Supreme Court of Missouri · 1886
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3Cited by1 opinion
- Murphy v. HolliwayMissouri Court of Appeals · 1929