Holmes v. Farris
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Ho». L. B. Wood-side, Judge. (1) The contract, the note sued on, was plain and unambiguous in its terms, and the testimony squarely contradicts it. It is an agreement to pay, and the evidence offered is to the effect that it was not to be paid, except upon certain conditions. The note, the deed of trust and the deed embodied the entire transaction and left nothing to be added. It was a complete contract in all its terms.
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Appeal from Laclede Circuit Court. — Ho». L. B. Wood-side, Judge. (1) The contract, the note sued on, was plain and unambiguous in its terms, and the testimony squarely contradicts it. It is an agreement to pay, and the evidence offered is to the effect that it was not to be paid, except upon certain conditions. The note, the deed of trust and the deed embodied the entire transaction and left nothing to be added. It was a complete contract in all its terms. The note was due in three years, a contract not to be formed within a year. Being thus within the statute of frauds, oral testimony could…
1Opinion of the CourtBarclay, J.
— Plaintiff brought this action by a petition in the ordinary form upon a promissory note, expressed to be for value received, whereby defendant promised to pay to plaintiffs or bearer, November 1, 1899, $400, with interest, etc. The note was dated Kansas City, Missouri, October 23, 1896.
The answer of defendant admits the execution of the note, alleges that it was given “without any consideration whatever,” and then sets up a special defense to the effect that plaintiffs conveyed to defendant a certain tract of land to be sold for them by him and that defendant executed to plaintiff a note…
Also in this document: Per curiam.
2Cases cited21 opinions
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- State v. TaylorSupreme Court of Missouri · 1893
- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Jones v. ShawSupreme Court of Missouri · 1878
- Chicago Title & Trust Co. v. BradySupreme Court of Missouri · 1901
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3Cited by6 opinions
- Kessler v. ClayesMissouri Court of Appeals · 1910
- First State Bank v. RadkeNorth Dakota Supreme Court · 1924
- New York Life Insurance v. SmuckerMissouri Court of Appeals · 1904
- Peoples Bank of Glasgow v. YagerMissouri Court of Appeals · 1926
- State v. MooreWest Virginia Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.