Cunningham v. Williams
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) Defendants rely for reversal of this case on the ground that there never was a binding contract made by the parties, and under the statute of frauds neither'party can enforce the agreement. Both parties must be bound or neither is bound. Langstrap v. Ins.
Read the full summary
Appeal from the Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) Defendants rely for reversal of this case on the ground that there never was a binding contract made by the parties, and under the statute of frauds neither'party can enforce the agreement. Both parties must be bound or neither is bound. Langstrap v. Ins. Co.. 48 Mo. 201, 204. All bargains to be complete are mutual and reciprocal; both parties must be bound and not one alone. 2 Schouler’s Personal Property [2 Ed.] secs. 223-229. (2) The demurrer to evidence should have been given by the court after failing to deliver the…
1Opinion of the CourtGill, J.
This is an action wherein the plaintiff seeks to recover damages for defendants’ failure and *631refusal to accept and pay for a lot of wheat alleged to have been contracted for by said defendants through their agent, A. W. Evans. The defense relied upon is the statute of frauds. On the trial in the circuit court plaintiff recovered damages in the sum of $480.26, and defendants appeal to this court.
I. When Evans, the agent, agreed with plaintiff for the purchase of the wheat there was no memorandum in writing made and signed by either party. Evans, however, immediately reported by letter the…
2Cases cited2 opinions
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Moore v. MountcastleSupreme Court of Missouri · 1875
3Cited by13 opinions
- Kludt v. ConnettSupreme Court of Missouri · 1943
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
- Doran v. DoranSupreme Court of Iowa · 1909
- Peycke Bros. v. AhrensMissouri Court of Appeals · 1903
- Harrison v. CravenSupreme Court of Missouri · 1905
8 more not listed; retrieve them via the Exa API.