Moss v. Green
Supreme Court of Missouri
Error to Second District Court. I. The written contract not purporting to state the particulars, it was perfectly competent to offer parol testimony to explain parts of it on which the writing was silent, such proof not being contradictory to the writing — 2 Phil. Ev. 772, Lond. ed ; 1 Greenl. Ev. § 284, a.; 3 Cow. & H. Notes to Phil. Ev. 1471-2; Rollins v. Claybroob, 22 Mo. 405. No objection was made to the introduction of parol testimony for this purpose.
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Error to Second District Court. I. The written contract not purporting to state the particulars, it was perfectly competent to offer parol testimony to explain parts of it on which the writing was silent, such proof not being contradictory to the writing — 2 Phil. Ev. 772, Lond. ed ; 1 Greenl. Ev. § 284, a.; 3 Cow. & H. Notes to Phil. Ev. 1471-2; Rollins v. Claybroob, 22 Mo. 405. No objection was made to the introduction of parol testimony for this purpose. I. No contract binding upon any one was proven in this case. The paper sued on is not sufficient to bind any one. II. Parol evidence was…
1Opinion of the CourtWagner, Judge
This was an action brought by the plaintiff against the defendant to recover of him one hundred dollars, alleged to be due on the 1st day of November, 1864. The plaintiff alleges in his petition that he and defendant and one George Moss entered into an agreement at that time, by which they mutually stipulated and agreed that if either of said parties should be drafted as a soldier in the army, the others would each pay him one hundred dollars to aid him in hiring or procuring a substitute ; and that a memorandum in writing was drawn up by defendant to show the amount each subscriber thereto…
2Cases cited1 opinion
- Rollins v. ClaybrookSupreme Court of Missouri · 1856
3Cited by21 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Brown v. BowenSupreme Court of Missouri · 1886
- Bunce v. BeckSupreme Court of Missouri · 1869
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
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