J. W. Reedy Elevator & Manufacturing Co. v. Mertz
Missouri Court of Appeals
Appeal from Benton Circuit Court. — How. W. W. Graves, Judge. (1) When the provision is read' in the light of the whole contract and the purpose for which a passenger elevator is made it is not ambiguous, and no issue of fact as to the interpretation thereof should have been submitted to the jury.
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Appeal from Benton Circuit Court. — How. W. W. Graves, Judge. (1) When the provision is read' in the light of the whole contract and the purpose for which a passenger elevator is made it is not ambiguous, and no issue of fact as to the interpretation thereof should have been submitted to the jury. Burress v. Blair, 61 Mo. 175; Chapman v. Railroad, 114 Mo. 542; Fruin v. Railway, 89 Mo. 397; Brannock v. Elmore, 114 Mo. 55; State v. Lafaivre, 53 Mo. 470; Miller v. Dunlap, 22 Mo. App. 97; Brooks v. Ins. Co., 11 Mo. App. 350; Bishop Con., see. 377, secs. 382, 422; 2 Wharton Con., sec. 658. (2)…
1Opinion of the CourtEllison, J.
Plaintiff brought this action for the contract price of a passenger elevator which it furnished and put into defendants’ building in the city of Sedalia. Defendants made claim that the elevator did not meet the terms of the contract and was wholly useless to them. They also set up a counterclaim arising out of expense in getting the building ready for installing the elevator,, etc. The judgment in the trial court was against the plaintiff and in favor of defendants on the counterclaim in the sum of two hundred and sixty dollars. Plaintiff thereupon perfected an appeal to this court.
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2Cases cited5 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Deutmann v. KilpatrickMissouri Court of Appeals · 1891
- Carr v. LacklandSupreme Court of Missouri · 1892
- Wilcox v. BaerMissouri Court of Appeals · 1900
- Blanke v. DunnermannMissouri Court of Appeals · 1896
3Cited by4 opinions
- Coats v. General Motors Corp.California Court of Appeal · 1934
- D. A. Schulte, Inc. v. HaasMissouri Court of Appeals · 1926
- Smith v. CraneMissouri Court of Appeals · 1913
- Adams v. New York Life InsuranceMissouri Court of Appeals · 1911