Johnson v. Reading
Missouri Court of Appeals
Appeal from the Pike County Circuit Court. — Hon. Elliott M. Hughes, Judge. The contract relied on by the plaintiff was void because it was for the assignment of a lease of lands and was not in writing. R. S., sec. 2510. It-was also void because it was for the sale of a lease of lands for' a longer time than one year. It was also void because it could not be performed within one year.
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Appeal from the Pike County Circuit Court. — Hon. Elliott M. Hughes, Judge. The contract relied on by the plaintiff was void because it was for the assignment of a lease of lands and was not in writing. R. S., sec. 2510. It-was also void because it was for the sale of a lease of lands for' a longer time than one year. It was also void because it could not be performed within one year. R. S., sec. 2513. Parol testimony should have been excluded, and the demurrer to the evidence sustained. Taylor Landlord & Tenant, sec. 427 ; Browne Stat. Frauds, secs. 230, '272, 290; Durand «. Curtis, 57 N. Y.…
1Opinion of the CourtRombauer, P. J.
The plaintiff’s petition charges in substance, that in 1875 he, together with four other persons, leased from one Block several thousand acres of pasture land in Pike county, Missouri, for a period of ten years, at an annual rental of five hundred dollars per year, each of said lessees to pay one hundred dollars; that they *309took possession of said land, and afterwards in the month of February, 1882, the defendant agreed with the plaintiff that if the plaintiff would surrender to him his interest in said lands and put him in possession thereof, he would pay to said Block the plaintiff’s portion…
2Cases cited12 opinions
- Suggett's Administrator v. Cason's AdministratorSupreme Court of Missouri · 1858
- Winters v. CherrySupreme Court of Missouri · 1883
- Durand v. . CurtisNew York Court of Appeals · 1874
- Self v. CordellSupreme Court of Missouri · 1870
- Tatum v. BrookerSupreme Court of Missouri · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Chicago Attachment Co. v. Davis Sewing Machine Co.Illinois Supreme Court · 1892
- Nally v. ReadingSupreme Court of Missouri · 1891
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
15 more not listed; retrieve them via the Exa API.