Reilly v. Cullen
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The contract in question is within the'statute of frauds as affecting an interest in lands. It is also within the statute touching trusts. E. S. 1889, secs. 3418 and 3416. (2) A renewal, modification or extension of a contract is as much within the statute as the original contract. Bunker y. Harrington, 52 Mo. App. 431; Curie’s Heirs y.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The contract in question is within the'statute of frauds as affecting an interest in lands. It is also within the statute touching trusts. E. S. 1889, secs. 3418 and 3416. (2) A renewal, modification or extension of a contract is as much within the statute as the original contract. Bunker y. Harrington, 52 Mo. App. 431; Curie’s Heirs y. Eddy, 24 Mo. 117. (3) Part performance does not take a contract out of the statute of frauds in an action at law. Atwood’s Adm’r y. Eox, 30 Mo. 499; 8 Am. and Eng. Ency. of Law (1 Ed.), p.…
1Opinion of the CourtValliant, J.
Plaintiff sues to recover a balance alleged to be duo him on account growing out of a real estate transaction between him and defendant. The petition states that plaintiff, being the owner of the land in question, and it being under a deed of trust for $6,000 liable at the date of the agreement in question to foreclosure on account of default in the payment of two interest notes for $180 each, and being indebted to defendant’s firm in the sum of $374, entered into a written agreement with him as follows:
“St. Louis, February 18, 1897.
“This agreement between W. V. M. Beilly and M. J. Cullen,…
2Cases cited9 opinions
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- O'Neill v. CapelleSupreme Court of Missouri · 1876
- Bobb v. WolffSupreme Court of Missouri · 1899
- Turner v. KerrSupreme Court of Missouri · 1869
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- Brewster v. TerrySupreme Court of Missouri · 1944
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