Smith v. Shell
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. The memorandum offered by plaintiffs should have been excluded. There was a fatal variance between the contract counted on and that shown by the memorandum. The latter was insufficient under the statute of frauds; its omissions cannot be supplied by parol testimony. Benjamin on Sales, (2 Ed.) § 254, p. 215 ; 1 Greenleaf Ev., § 268; 2 "Whart.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. The memorandum offered by plaintiffs should have been excluded. There was a fatal variance between the contract counted on and that shown by the memorandum. The latter was insufficient under the statute of frauds; its omissions cannot be supplied by parol testimony. Benjamin on Sales, (2 Ed.) § 254, p. 215 ; 1 Greenleaf Ev., § 268; 2 "Whart. Ev., § 871; Browne Stat. Frauds, §§ 371, 371a, 376, 384, 420 ; Story on Sales, §§ 269, 272; Woods on Master and Servant, § 195, pp. 377, 378, and notes of cases on pp. 378, 379, (Ed. 1877).…
1Opinion of the CourtHenry, J.
This is a suit by which plaintiffs seek to recover damages for breach of a contract for the sale and delivery of one thousand barrels of corn, alleged to have been purchased by them of the defendant. The petition alleges in substance, that on or about the 1st of November, 1879, they bought of defendant one thousand barrels of corn, a portion of which was then cribbed or penned, and the balance ungathered, for -which plaintiffs were to pay $1,035, ten of which was paid, and the balance to be paid when defendant should gather and put the balance of the ■corn in pens. That he agreed to gather…
2Cited by26 opinions
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Cole v. ArmourSupreme Court of Missouri · 1900
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
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