Atwood's Administrator
Supreme Court of Missouri
Error 4o Carroll Circuit Court. I. The court erred in sustaining the demurrer. There was such a part performance of said contract as took the case in a court of equity out of the statute of frauds. A fraud would be worked upon plaintiff if the defendant is allowed to set up the statute of frauds. A court of equity should interposé against the setting up of the statute of frauds. Equitable relief should be afforded. (2 Sto. Eq. § 717-720, 746, 760-1, 798, 764, 742; 1 Sto.
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Error 4o Carroll Circuit Court. I. The court erred in sustaining the demurrer. There was such a part performance of said contract as took the case in a court of equity out of the statute of frauds. A fraud would be worked upon plaintiff if the defendant is allowed to set up the statute of frauds. A court of equity should interposé against the setting up of the statute of frauds. Equitable relief should be afforded. (2 Sto. Eq. § 717-720, 746, 760-1, 798, 764, 742; 1 Sto. Eq. p. 330 ; 2 Bars, on Contr. 554 ; 20 Mo. 84; 26 Mo. 221.) I. The agreement was not to be fully performed within one…
1Opinion of the CourtEwing, Judge
This was an action on a verbal agreement entered into in June, 1856, by which plaintiff’s intestate agreed to sell and *500deliver his crops of hemp raised in the years 1856 and 1857, and for which defendant was to pay one hundred dollars per ton. The petition alleges the delivery of the crop for the first year and the payment therefor by the defendant of the contract price ; that in the succeeding year, 1857, he raised a crop of hemp, which, in the spring of 1858, he offered to deliver according to the stipulations of the agreement, but that defendant refused to receive the same ; that at the…
2Cited by5 opinions
- Winters v. CherrySupreme Court of Missouri · 1883
- Massion v. Mt. Sinai CongregationWyoming Supreme Court · 1929
- Akins v. HicksMissouri Court of Appeals · 1904
- Shacklett v. CumminsMissouri Court of Appeals · 1914
- Wolf v. BookerAppellate Court of Illinois · 1901