Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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I concur in the opinion of Judge Currier. The case has been remanded and re-tried upon an amended answer, and upon .the principles settled when it was formerly before us. The record is much fuller than before, developing new and material facts ; and whatever, then, the contradiction and doubt as to. the intention of the parties in using the general language of the receipt, that intention is now made clear; and it is apparent that both Mr. Grumley and his attorney and Mr. Webb and his attorney understood the receipt alike, and, though the judgment was the chief matter in controversy, that they intended to cover by it not only *586,■ the judgment -but tbe matter then in' suit and everything pertaining to-the.lease;"-It is undisputed that Mr. Webb and his counsel and Mr. Grumley’s counsel'so understood it; that the former at all-times insisted upon this comprehensive settlement, and the latter conceded it. Mr. Webb 'and Mr. Krum insist that the pending-suit was canvassed between them and Mr; Grumley, and that both matters were settled. Mr. Broadhead understood that the whole-matter was settled, supposed;Mr:- Grumley so understood it, and explained the receipt to him. Every circumstance tends • to show that all parties so understood it.' To trust, then, to Grum-.ley?s present recollection-that he did-not-so-uridefstand it, would reverse all my ideas in regard to the preponderance of evidence.

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