Hillis v. Rhodes
Missouri Court of Appeals
Appeal from Circuit Court of Wayne County. — Hon. E. M. Dearing, Judge. (1) The contract of lease pleaded by respondent, not having been made in writing, and being for the lease of land for more than one year, and for the performance of obligations by both parties thereto which were not to be performed within one year from the making of said contract, was in violation of the Statute of Frauds and void.
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Appeal from Circuit Court of Wayne County. — Hon. E. M. Dearing, Judge. (1) The contract of lease pleaded by respondent, not having been made in writing, and being for the lease of land for more than one year, and for the performance of obligations by both parties thereto which were not to be performed within one year from the making of said contract, was in violation of the Statute of Frauds and void. R. S. 1909, sec. 2783. (2) In actions at law, part performance will not take the contract out of the Statute of Frauds. Aylor v. Mclnturf, 184 Mo. App. 691, 695; Shacklet v. Cummins, 178 Mo.…
1Opinion of the CourtFarrington, J.
In September, 1918, plaintiff and defendant entered into a contract whereby defendant leased his farm in Wayne county to plaintiff for the term of five years. The contract was not reduced to writing, and plaintiff failing to get possession, brought this suit at law for damages for alleged breach of contact. The damages sought as appears from plaintiff’s instruction on the measure of damages was the difference between the reasonable value of the use of the farm for the year next after the rental contract, and the value' of the' rent which plaintiff under the contract was required to pay…
2Cases cited8 opinions
- Kroeger v. BohrerMissouri Court of Appeals · 1906
- Hosli v. YokelMissouri Court of Appeals · 1894
- Womach v. JenkinsMissouri Court of Appeals · 1908
- Winter v. SpradlingMissouri Court of Appeals · 1912
- Jenkins v. WomachMissouri Court of Appeals · 1910
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3Cited by4 opinions
- Davis v. Holloway and SmithSupreme Court of Missouri · 1927
- Whaling v. Little Piney Oil Co.Missouri Court of Appeals · 1981
- Coleman v. FletcherMissouri Court of Appeals · 1945
- Scharff v. Standard Tank Car Co.Missouri Court of Appeals · 1924