Legal Opinion

St. Louis Gaslight Co. v. City of St. Louis

Supreme Court of Missouri

Decided March 15, 1870PublishedCited by 62 opinions

Appeal from St. Louis Circuit Court. On the 9th day of January, A. D. 1846, under the provisions of the original and amended charter of the St. Louis Gaslight Company, a contract in writing was entered into between the city of St. Louis and said Gas Company, which embraced among others the following provisions: “The party of the first part do agree with the party of the second part that they will and do, under the provisions of the twenty-sixth section of the St. Louis…

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Appeal from St. Louis Circuit Court. On the 9th day of January, A. D. 1846, under the provisions of the original and amended charter of the St. Louis Gaslight Company, a contract in writing was entered into between the city of St. Louis and said Gas Company, which embraced among others the following provisions: “The party of the first part do agree with the party of the second part that they will and do, under the provisions of the twenty-sixth section of the St. Louis Gaslight Company’s charter, hereby order and contract for the erection of five lamps on each square or block within that part…

1Opinion of the CourtBliss, Judge

The plaintiff complains chiefly of the' instruction to the jury m relation to the construction of the contract between it and the city, and claims, first, that the language of the contract is plain and unequivocal, and not subject to the construction sought to be put upon it by the defendant; second, that it was the duty of the court to construe it, and that that duty could not be thrown upon the jury; and, third, that it was improper, in order to ascertain the meaning of the contract, to consider the subsequent acts ‘of the parties in relation to it in order to ascertain the construction…

2Cases cited4 opinions

  1. Fowle v. BigelowMassachusetts Supreme Judicial Court · 1813
  2. Patterson v. CamdenSupreme Court of Missouri · 1857
  3. Whitehead v. Bank of PittsburghSupreme Court of Pennsylvania · 1841
  4. Parsons v. MillerNew York Supreme Court · 1836

3Cited by62 opinions

  1. Aetna Casualty & Surety Company v. HaasSupreme Court of Missouri · 1968
  2. Fullerton v. United States Casualty Co.Supreme Court of Iowa · 1918
  3. Deneen v. Houghton County Street-Railway Co.Michigan Supreme Court · 1907
  4. City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
  5. Jaloff v. United Auto Indemnity ExchangeOregon Supreme Court · 1926

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