Goller v. Henseler Mercantile Oil & Supply Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. J. Hugo Grimm, Judge. (1) In an action brought on a special written contract, no verbal contract being pleaded, recovery ■cannot be had upon a contract, part of which is in writing, and other parts resting in parol. Koons v. Car 'Co., 203 Mo. 227; Smith v. Shell, 82 Mo. 219; Henning v. Ins.
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Appeal from St. Louis City Circuit Court.— Hon. J. Hugo Grimm, Judge. (1) In an action brought on a special written contract, no verbal contract being pleaded, recovery ■cannot be had upon a contract, part of which is in writing, and other parts resting in parol. Koons v. Car 'Co., 203 Mo. 227; Smith v. Shell, 82 Mo. 219; Henning v. Ins. Co., 47 Mo. 425. (2) In a suit upon a written contract, - all prior and contemporaneous negotiations, conversations and agreements are merged in the writing. Mills & Elev. Co. v. Adams El. Co., 115 Mo. App. 542; Morgan v. Porter, 103 Mo. 135; McPadden v.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued through the breach of a contract of employment and as for the wrongful discharge of plaintiff. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is a corporation engaged in the oil business in St. Louis, and plaintiff is an experienced salesman of that commodity. Defendant, desiring to install a tank wagon service for the sale of oil, employed plaintiff, who possessed considerable experience in that line, for a period of one year, and entered into, a' written contract with him to that effect, on the twenty-seventh day of January, 1911. By the…
2Cases cited6 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Bunce v. BeckSupreme Court of Missouri · 1869
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Koons v. St. Louis Car Co.Supreme Court of Missouri · 1907
- Morgan v. PorterSupreme Court of Missouri · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Adams v. AdamsSupreme Court of Missouri · 1941
- George Gifford Co. v. John N. WillmanMissouri Court of Appeals · 1915
- Lebrecht v. New State BankMissouri Court of Appeals · 1918