Leesley Bros v. A. Rebori Fruit Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon, Guy D. Kirby, Judge. (1) The agreement is sufficient within the statute of frauds if it appears by different memoranda, or even if in a letter written by the party sought to be charged and directed to a third party. Cunningham v. Williams, 43 Mo. App. 629; Black & Snyder v. Crowther, 74 Mo. App'. 480; Grocer Co. v. Capen, 23 Mo. App. 301; Peyeke Bros. v. Aherns, 98 Mo.
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Appeal from Greene Circuit Court. — Hon, Guy D. Kirby, Judge. (1) The agreement is sufficient within the statute of frauds if it appears by different memoranda, or even if in a letter written by the party sought to be charged and directed to a third party. Cunningham v. Williams, 43 Mo. App. 629; Black & Snyder v. Crowther, 74 Mo. App'. 480; Grocer Co. v. Capen, 23 Mo. App. 301; Peyeke Bros. v. Aherns, 98 Mo. App. 456. (2) The court will reach out and consider any and all writings pertaining to the subject, such as a letter written to a third party for the purpose of repudiating the contract,…
1Opinion of the CourtNixon, P. J.
This was an action for damages ■for the alleged breach of a contract in the sale of onion sets. The plaintiffs constitute' a partnership firm engaged in growing and shipping onion sets from their place of business near the city of Ohicage, Illinois. Defendant is a corporation engaged in the wholesale commission business in the city of Springfield, Missouri. In their petition plaintiffs state that on or about March 1, 1910, they entered into a written contract with the defendant whereby they sold to the defendant onion sets to the amount of 800 bushels, being a carload lot, of various hinds —…
2Cases cited9 opinions
- Boyd v. PaulSupreme Court of Missouri · 1894
- Brewer v. Horst and Lachmund Co.California Supreme Court · 1900
- Allen v. RichardSupreme Court of Missouri · 1884
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Hook v. TurnerSupreme Court of Missouri · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Daggett v. Kansas City Structural Steel Co.Supreme Court of Missouri · 1933
- Williams v. BuntinCourt of Appeals of Tennessee · 1927
- Boyd v. Logan Jones Dry Goods Co.Supreme Court of Missouri · 1934
- Wheeler v. BlantonMissouri Court of Appeals · 1952
- Carter v. Western Tie & Timber Co.Missouri Court of Appeals · 1914
9 more not listed; retrieve them via the Exa API.