Ordelheide v. Traube
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) The amended petition does not state facts sufficient to constitute a cause of .action; An agreement to assign or sell an interest in a lease having an unexpired term of more than one year must be in writing. Nally v. Reading, 107 Mo. 350; Johnson v. Reading, 36 Mo. App. 306; Roth Tool Co. v. Champ Spring Co., 93 Mo. App. '530; Sharp y. Rhiel, 55 Mo. 97; Donovan v. .Schoenhofen, 92 Mo.
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Appeal from St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) The amended petition does not state facts sufficient to constitute a cause of .action; An agreement to assign or sell an interest in a lease having an unexpired term of more than one year must be in writing. Nally v. Reading, 107 Mo. 350; Johnson v. Reading, 36 Mo. App. 306; Roth Tool Co. v. Champ Spring Co., 93 Mo. App. '530; Sharp y. Rhiel, 55 Mo. 97; Donovan v. .Schoenhofen, 92 Mo. App. 341; Ver Steeg v. Longo Fruit Co'.,. 158 Mo. App. 126; Sec. 2782, R. S. 1909. The written agreement must be complete in itself.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued through the breach of a contract. Plaintiff recovered and defendants prosecute the appeal.
Defendants are sued as copartners, but the fact of partnership is denied in the answer, duly verified, and an issue concerning it made. '
It appears defendant Edward Traube purchased an undertaking business and livery stable combined, in 1904, which was then known as and conducted under the name of Lafayette Park Livery & Undertaking Company and located at 1609-1611 Lafayette avenue, St. Louis. Immediately upon purchasing this business, it' is said by defendants that…
2Cases cited9 opinions
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Hughes v. HoodSupreme Court of Missouri · 1872
- Self v. CordellSupreme Court of Missouri · 1870
- McConnell v. BraynerSupreme Court of Missouri · 1876
- Cape Girardeau & Chester Railroad v. WingerterMissouri Court of Appeals · 1907
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3Cited by2 opinions
- Chouteau v. Missouri-Lincoln Trust Co.Supreme Court of Missouri · 1925
- Bibler v. IuchsMissouri Court of Appeals · 1925