Biest v. VerSteeg Shoe Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The so-called contract of February 5, 1900, remained indefinite and incomplete by reason of the failure of the parties to subsequently agree on plaintiff’s territory. (2) The contract being denied in the pleadings, the statute of frauds is available at the trial without special pleading.
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Appeal from St. Louis City Circuit Court. — Hon. William Zachritz, Judge. (1) The so-called contract of February 5, 1900, remained indefinite and incomplete by reason of the failure of the parties to subsequently agree on plaintiff’s territory. (2) The contract being denied in the pleadings, the statute of frauds is available at the trial without special pleading. Royal Remedy Co. v. Grocer Co., 90 App. 53; Hillman v. Allen, 145 Mo. 643; Boyd v; Paul, 125 Mo. 9; Devore v. Devore, 138 Mo. 181; Hackett v. Watts, 138 Mo. 502. (3) A contract for one year, to commence at a future date, is within…
1Opinion of the CourtGoode, J.
— Biest, the plaintiff, was in the service of the VerSteeg Shoe Company and its predecessors, the VerSteeg-Grant Shoe Company and the TriState Shoe Company as a traveling salesman from the year 1892 to April? 1900, the territory he canvassed lying in the southeast and southwest' portions of Missouri, the southern part of Illinois and certain towns in the States of Indiana and Kentucky.
A written contract was signed by Biest and the VerSteeg-Grant Shoe Company on the first day of Oc*140tober, 1897, by which Biest was employed _ as salesman “in the territory agreed upon” for the term of two years…
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