Burrell v. Highleyman
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The rule of law is tersely and clearly laid down in 3 Parsons on Contracts [7 Ed.] p. 54, as follows: “If the contract states or implies that the thing is to be made by the seller, and also blends together the price of the thing, and compensation for work, labor, skill and material, so that they cannot be discriminated, it is not a contract of purchase and sale, but a contract of hiring and service,…
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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The rule of law is tersely and clearly laid down in 3 Parsons on Contracts [7 Ed.] p. 54, as follows: “If the contract states or implies that the thing is to be made by the seller, and also blends together the price of the thing, and compensation for work, labor, skill and material, so that they cannot be discriminated, it is not a contract of purchase and sale, but a contract of hiring and service, or a bargain by which one party undertakes to labor in a certain way for the other party, who is thereupon to pay him…
1Dissent
Thompson, J.,
delivered a dissenting opinion.
The grounds of my dissent from the opinion of the court which has been delivered in this case are the following :
The seventeenth section of the English statute of frauds was first enacted in this state in the Revision of 1825 (Mo. Rev. Stat. 1825, p. 214), although the fourth section had been enacted as early as 1815. At the time when the seventeenth section was thus adopted in this state from the English statute, it had received in England a settled interpretation contrary to the opinion of my associates. It is a principle in the jurisprudence of…
2Cases cited6 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Skrainka v. AllenSupreme Court of Missouri · 1882
- Green v. BrookinsMichigan Supreme Court · 1871
- Daudt v. MusickMissouri Court of Appeals · 1880
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