It really doesn’t…

To substantiate this construction of the contract Kraus seizes upon the word "and" in the parenthetical clause and invokes the conjunctive-disjunctive rules employed in the submission of tort cases and says, by reason of these rules, "the exception requires conjunctively that both conditions exist to authorize a variation from the lump sum contract price." The word "and" is defined and cases are cited to demonstrate that the word may not be changed or construed to mean "or," and therefore it is urged, before there could be any adjustment in the lump sum price or before the unit prices for estimated quantities became effective or into operation, they must have come about only as the result of additional, omitted or changed work as elsewhere defined and set forth in the contract. It is said that the contract is ambiguous and in support of the plaintiff's interpretation the auxiliary rules of construction are invoked (Paisley v. Lucas, 346 Mo. 827, 143 S.W.2d 262) and extrinsic evidence is resorted to and, finally, it is urged that the proof, particularly certain documentary evidence, is so plain as to admit of no doubt and established the plaintiff's right to recover on count one as a matter of law.