Hosli v. Yokel
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. The alleged leasing of the meadow by the appellant to the respondent is an interest in land within our statute of frauds, and can not be proved by parol. 2 R. S., secs. 5182, 5186. This court and our own supreme court have put this construction on our statute. Potter v. Everett, 40 Mo. App.. 161; Fuhrv.
Read the full summary
Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. The alleged leasing of the meadow by the appellant to the respondent is an interest in land within our statute of frauds, and can not be proved by parol. 2 R. S., secs. 5182, 5186. This court and our own supreme court have put this construction on our statute. Potter v. Everett, 40 Mo. App.. 161; Fuhrv. Dean, 26 Mo. '120; Desloge v. Pearce, 38 Mo. 588. Mr. Benjamin in his treatise on sales, at page 90, draws a distinction between grass, timber, fruit on trees and fructus industriales; and other authors and reports…
1Opinion of the CourtBond, J.
— This is án action upon an account for fourteen loads of timothy hay, brought by plaintiff against defendant in July, 1893, before a justice of the peace .of St. Louis county where plaintiff recovered judgment, from which defendant appealed to the circuit court; and on a trial anew in that court plaintiff again recovered judgment, from which an appeal is taken to this court.
It was admitted on the trial that appellant cut and carried away about ten or eleven acres of standing and growing timothy on land, which respondent claimed under a verbal lease from appellant.
*624The evidence tended to show…
2Cases cited3 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- National Bank of the Metropolis v. WilliamsSupreme Court of Missouri · 1870
- Hoke v. St. Louis, Keokuk & Northern Railway Co.Supreme Court of Missouri · 1885
3Cited by5 opinions
- Hunt v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
- Hosli v. YokelMissouri Court of Appeals · 1894
- Sligo Furnace Co. v. Hobart-Lee Tie Co.Missouri Court of Appeals · 1911
- Atchison, Topeka & Santa Fe Railway Co. v. SolorzanoNew Mexico Supreme Court · 1916
- Avitt & Robinson v. FarrellMissouri Court of Appeals · 1897