Legal Opinion

Kemper v. Adams

Missouri Court of Appeals

Decided January 27, 1919Published

Appeal from Boone Circuit Court. — -How. D. E. Harris, Judge.

1Opinion of the CourtEllison, P. J.

— Plaintiff’s action is for damages alleged to have resulted from defendant’s failure to deliver to Mm the balance .of moré than three thousand bushels of corn which defendant verbally agreed to do at the price of one dollar- and ten cents per bushel. The judgment in the trial court was for the plaintiff.

The only point made by defendant against the judgment is based on the claim that the contract not being in writing and no delivery being had of any part thereof nor money paid and the value being more than thirty dollars, is invalid under the provisions of the Statute of Frauds (2784, R. S.…

2Cases cited3 opinions

  1. Berg v. MoreauSupreme Court of Missouri · 1906
  2. Hollrah-Dieckmann Refrigerator & Fixture Co. v. St. Louis House & Window Cleaning Co.Missouri Court of Appeals · 1914
  3. Montgomery v. GannMissouri Court of Appeals · 1892

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