Nally v. Reading
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) The contract relied on by plaintiff was void because it was for the assignment of a lease of lands and was not in writing. R. S., sec. 2510. Parol testimony should have been excluded, and the demurrer to the evidence sustained. Taylor on Land. & Ten., sec. 427 ; Browne on Statute of Frauds, secs. 230, 272, 290; Durand v. Curtis, 57 N. Y. 7; Hoioard v. Easton, 7 Johns. 205; Cabot n. Hoskins, 3 Pick. 83; Fierce m.
Read the full summary
Certified from St. Louis Court of Appeals. (1) The contract relied on by plaintiff was void because it was for the assignment of a lease of lands and was not in writing. R. S., sec. 2510. Parol testimony should have been excluded, and the demurrer to the evidence sustained. Taylor on Land. & Ten., sec. 427 ; Browne on Statute of Frauds, secs. 230, 272, 290; Durand v. Curtis, 57 N. Y. 7; Hoioard v. Easton, 7 Johns. 205; Cabot n. Hoskins, 3 Pick. 83; Fierce m. Pierce, 28 Vt. 34; Wilson ». Ray, 13 Ind. 1; Emery v. Smith, 46 N. H. 151. (2) The court should have refused the plaintiff’s…
1Opinion of the CourtSherwood, P. J.
This cause has been transferred' to this court from the St. Louis court of appeals under the constitutional provision.
The only point presented, the turning point in the • case, for consideration is whether such a contract as the • pleadings and evidence present is capable of being sold, transferred or assigned by parol; that is, whether one of' five parties, lessees of a large tract of land for the term of ten years, can make a valid verbal contract with an outsider, whereby the interest of such party in the lease-can be transferred to such outsider for four years, the residue of the term,…
2Cases cited4 opinions
- Pierce v. Estate of PaineSupreme Court of Vermont · 1855
- Durand v. . CurtisNew York Court of Appeals · 1874
- Johnson v. ReadingMissouri Court of Appeals · 1889
- Sharp v. RhielSupreme Court of Missouri · 1874
3Cited by23 opinions
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Franklin v. Matoa Gold Min. Co.Court of Appeals for the Eighth Circuit · 1907
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Moore v. McHaneyMissouri Court of Appeals · 1915
18 more not listed; retrieve them via the Exa API.