McNealy v. Bartlett
Missouri Court of Appeals
Error to Sullivan Circuit Court. — Eon. John P. Butler, Judge. (1) The question of the Statute of Frauds is raised by a general denial in an action on the contract. Hackett v. Bickel, 138 Mo. 502. (2) The contract of sale between the McNealvs was within the Statute of Frauds. R. S. 1899, sec. 3419; Palmer v. Elsberry, 79 Mb'. App. 570; State v. Durant, 69 Mo. App. 390. (3) There was no partnership between McNealy and Bartlett.
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Error to Sullivan Circuit Court. — Eon. John P. Butler, Judge. (1) The question of the Statute of Frauds is raised by a general denial in an action on the contract. Hackett v. Bickel, 138 Mo. 502. (2) The contract of sale between the McNealvs was within the Statute of Frauds. R. S. 1899, sec. 3419; Palmer v. Elsberry, 79 Mb'. App. 570; State v. Durant, 69 Mo. App. 390. (3) There was no partnership between McNealy and Bartlett. It was executory, and at the most an agreement for a future partnership. Keane v. Beard, 11 Mo. App. 10; Hoskins v. Burr, 106 Mass. 48; Clement v. Hadloek, 13 N. H.…
1Opinion of the Court
JOHNSON, J
Plaintiff alleges that he and defendant as partners purchased and sold a carload of hogs, on which a loss of $136.64 was incurred and paid by plaintiff, and sues at law to recover one-half of the loss. He prevailed in the trial court and defendant appealed. '
The partnership agreement was not in writing and its existence must be found, if at all, from the following facts adduced by plaintiff. The parties live in Sullivan county and at least on one other occasion had bought a carload of hogs and shipped them to the stock market at Kansas City on an agreement to share equally in the *60gai…
2Cases cited8 opinions
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Dunn v. WhiteSupreme Court of Missouri · 1876
- Buckner v. RiesSupreme Court of Missouri · 1864
- Russell v. GrimesSupreme Court of Missouri · 1870
- Bambrick v. SimmsSupreme Court of Missouri · 1895
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3Cited by4 opinions
- United States v. City of BrookhavenCourt of Appeals for the Fifth Circuit · 1943
- Travelers Indemnity Company v. HarrisDistrict Court, E.D. Missouri · 1961
- Sweat v. BoydSupreme Court of Florida · 1936
- United States v. City of BrookhavenCourt of Appeals for the Fifth Circuit · 1943