W. Irving Schermerhorn Bros. v. Herold
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis City. — Hon. William Zachritz, Judge. (1) The- agreement of sale comes within the Statute of Frauds. R. S. 1889, sec. 5181. (2) There is no evidence of a compliance with the statute, neither an acceptance nor memorandum sufficient to bind contract.
Read the full summary
Appeal from the Circuit Court of St. Louis City. — Hon. William Zachritz, Judge. (1) The- agreement of sale comes within the Statute of Frauds. R. S. 1889, sec. 5181. (2) There is no evidence of a compliance with the statute, neither an acceptance nor memorandum sufficient to bind contract. Smith v. Thell, 82 Mo. 215; Story on Sales, sec. 269; Brown on Statute of Frauds, sec. 384; 1 Greenleaf on Evidence, sec. 268. (3) If it should be held that the letter written by the Missouri Paper Company, refusing the goods was enough to satisfy the statute the subsequent negotiations between Mr. Allen…
1Opinion of the CourtBiggs, J.
This is an action for damages for the alleged conversion of a lot of hemp twine. It is admitted that in November, 189Y, the Missouri Paper Company executed a deed of trust on its stock of goods to secure certain of its creditors; that the defendant Herold was the trustee in the deed; that at that time the twine in question was in the store room of the Paper Company; that the defendant took possession of it under the deed of trust and refused to surrender it to plaintiffs, and that he subsequently sold it under the deed of trust. The plaintiffs claim that they were the owners of the goods and…
2Cases cited5 opinions
- Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
- Hotchkiss v. HigginsSupreme Court of Connecticut · 1884
- Gill v. ReedMissouri Court of Appeals · 1893
- Jacob Strauss Saddlery Co. v. Kingman & Co.Missouri Court of Appeals · 1890
- Ritter v. Steamboat JamestownSupreme Court of Missouri · 1856
3Cited by3 opinions
- Baxter v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Buschow Lumber Co. v. HinesMissouri Court of Appeals · 1921
- J. George Leyner Engineering Works Co. v. Brass Ring Co.Missouri Court of Appeals · 1906