Winter v. Spradling
Missouri Court of Appeals
Appeal from Crawford Circuit Court. — Hon. L. B. Woodside, Judge. (1) Respondent relied upon an alleged oral agreement which, he claimed was made in July, 1910', by which the farm was rented to him for a further term of one year, to begin on the first day of March, 1911, and terminating on the first day of March, 1912. Appellants denied making such agreement.
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Appeal from Crawford Circuit Court. — Hon. L. B. Woodside, Judge. (1) Respondent relied upon an alleged oral agreement which, he claimed was made in July, 1910', by which the farm was rented to him for a further term of one year, to begin on the first day of March, 1911, and terminating on the first day of March, 1912. Appellants denied making such agreement. Such contract, if made as alleged by respondent, would be one that could not be performed in one year from the making thereof, and must be in writing under the statute. Revised Statutes 1909, sec. 2783; Briar v. Robertson, 19 Mo. App.…
1Opinion of the CourtCox, J.
Action of unlawful detainer begun before a justice of the peace then removed to the circuit court by certiorari. Trial by court, judgment for defendant and plaintiffs have appealed. The question for our determination is whether or not the testimony will support the judgment. This being true, we must give to the testimony the most favorable construction consistent with sound reason with a view of upholding the judgment. Proceeding in this way the facts will be found to be as follows: Plaintiffs by written lease rented certain lands to defendant for a period of three years ending March 1, 1911.…
2Cases cited8 opinions
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Nally v. ReadingSupreme Court of Missouri · 1891
- Johnson v. ReadingMissouri Court of Appeals · 1889
- Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
- Ray v. BlackmanMissouri Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hillis v. RhodesMissouri Court of Appeals · 1920
- Shacklett v. CumminsSupreme Court of Missouri · 1917
- Shacklett v. CumminsMissouri Court of Appeals · 1914
- National Bank of South Carolina v. People's Grocery Co.Supreme Court of South Carolina · 1929