Pierson-Lathrop Grain Co. v. Potter Lumber, Grain & Hardware Co.
Missouri Court of Appeals
Appeal from Jasper County Circuit Court. — Hon. Grant Emerson, Judge. (1) The letter of October 24, 1917, Exhibit “F” is the only writing signed hy the party to be charged. This letter is not an acceptance of the terms of the written confirmation contracts signed by the plaintiff, Exhibits “B” and “D,” as it in no way refers to snch confirmation contracts so that the same may be identified from the writing resort to parol evidence. Marshall-Hall G-r. Co. v. Merc.
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Appeal from Jasper County Circuit Court. — Hon. Grant Emerson, Judge. (1) The letter of October 24, 1917, Exhibit “F” is the only writing signed hy the party to be charged. This letter is not an acceptance of the terms of the written confirmation contracts signed by the plaintiff, Exhibits “B” and “D,” as it in no way refers to snch confirmation contracts so that the same may be identified from the writing resort to parol evidence. Marshall-Hall G-r. Co. v. Merc. Co., 203 Mo. App. 220; Hain v. Burton, 118 Mo. App. 584; Schoeder v. Toafe, 11 Mq. App. 268; Fowler Elev. Co. v. Cotterell, 38 Neb.…
1Opinion of the CourtCox, P. J.
Action for damages for breach of contract to sell 10,000 bushels of corn. Trial by jury; verdict and judgment for plaintiff and defendant has appealed.
The plaintiff claimed to have purchased 10,000 bushels of corn from defendant and that defendant had refused to deliver it. The value of the corn was in excess of $30 and the contract is therefore within the Statute of Frauds and this statute was pleaded as a defense. The deal being in conversation over the telephone and it is claimed by plaintiff was consummated by the exchange of letters.
On October 12, 1917, the plaintiff, whose place of…
2Cases cited6 opinions
- Fox v. CourtneySupreme Court of Missouri · 1892
- Dunham v. HartmanSupreme Court of Missouri · 1900
- Peycke Bros. v. AhrensMissouri Court of Appeals · 1903
- Young Men's Christian Ass'n v. DubachSupreme Court of Missouri · 1884
- Leesley Bros v. A. Rebori Fruit Co.Missouri Court of Appeals · 1912
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3Cited by3 opinions
- Prudential Trust Co. v. HayesMassachusetts Supreme Judicial Court · 1924
- Wheeler v. BlantonMissouri Court of Appeals · 1952
- Heart of America Lumber Co. v. Wyatt Lumber Co.Missouri Court of Appeals · 1933