121 Mo. App. 286 | Mo. Ct. App. | 1906
(after stating the facts). — A more ambiguous writing than the document called a receipt, but Avhich is an agreement too, hardly could be found. The length of time the note was to run, the interest it should hear and other matters, are not stated. The memorandum reveals on its face some outside arrangement to which it refers and, to be understood correctly, needed the help of extrinsic testimony. As this testimony was contradictory, an issue naturally arose for the jury’s determination. But respondent took the position in objecting to appellant’s testimony regarding the note, that the matter was for the court. In accordance with this contention the court, in the fifth instruction above quoted, appears to have taken the receipt to mean the note was
One of defendant’s contentions is that even if the contract of sale provided for a cash payment on delivery of the property, this term Avas changed on April 12th, and the matter thereafter stood on an agreement by Zerr to wait until October 1st and then accept Klug’s
In so far as the refused instructions were, correct, they were covered by those given.
The judgment is reversed and the cause remanded with directions to the court to set aside the order granting a new trial and enter judgment on the verdict of the jury.