Briggs v. Munchon
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The defense in tbis case arises under the Statute of Frauds. (Wagn. Stat., p. 438, § 5.) The “Field Boob,” or so much as purported to contain the contract sued on, was inadmissible to prove the contract pleaded in the petition. That contained in the “Field Book,” and put in evidence is at variance with the contract set up in the petition.
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Appeal from St. Louis Circuit Court. The defense in tbis case arises under the Statute of Frauds. (Wagn. Stat., p. 438, § 5.) The “Field Boob,” or so much as purported to contain the contract sued on, was inadmissible to prove the contract pleaded in the petition. That contained in the “Field Book,” and put in evidence is at variance with the contract set up in the petition. First — The contract put in evidence, on its face shows a contract with John Riggin, Jr. He is the contracting party. Parol proof was introduced to show, that although John Riggin, Jr., is named in the memorandum as the…
1Opinion of the CourtSherwood, Judge
Action to recover of defendant the amount bid by him, at auction sale, for lots 1 and 2 in block 3 of the Briggs’ estate, in St. Louis County,'Missouri. Belt & Priest were the auctioneers, and at the trial, the plaintiffs, having established its 'authority, read in evidence so much of a book kept by them, as contained the entries of sales made by them on the 29th day of September, 1870, and especially the entry of the sale of the lots alleged to have been sold to the defendant.
The book was entitled: “Auction Sales, Belt & Priest, 1869, 1870.” The particular entry was as follows : “Thursday,…
2Cases cited6 opinions
- Ford v. WilliamsSupreme Court of the United States · 1858
- Turner v. Chillicothe & Des Moines City RailroadSupreme Court of Missouri · 1873
- Fischer v. MaxSupreme Court of Missouri · 1872
- Higgins v. DellingerSupreme Court of Missouri · 1856
- Wiley v. RobertSupreme Court of Missouri · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
- Fisher & Co. Real Estate Co. v. Staed Realty Co.Supreme Court of Missouri · 1901
21 more not listed; retrieve them via the Exa API.