Standard Fireproofing Co. v. St. Louis Expanded Metal Fireproofing Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court." — Now. Franklin Ferris, Judge. (1) The second defense to the first cause of action states a complete contract fully performed on one side. Thus it is taken out of the statute of frauds. Dozier v. Watson, 94.Mo. 328. The oral contract set up by defendant was not within the statute of frauds because it might have been performed within a year.
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Appeal from St. Louis City Circuit Court." — Now. Franklin Ferris, Judge. (1) The second defense to the first cause of action states a complete contract fully performed on one side. Thus it is taken out of the statute of frauds. Dozier v. Watson, 94.Mo. 328. The oral contract set up by defendant was not within the statute of frauds because it might have been performed within a year. It was not within the statute of frauds because the giving of a lower rate of royalty to another licensee is a definite act which determined the obligation of the parol promise and said act does not. continue…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment of the circuit court of the city of St. Louis in favor of the plaintiff for $5,217.71 for breaches of a contract entered into by and between plaintiff and defendant on the 17th of February, 1894, in which plaintiff, in consideration of the royalties to be paid by the defendant to plaintiff, as in said contract specified, granted- to defendant the sole and exclusive right to make, use and vend a fireproof floor construction, under and according to and embodied in the invention described and claimed in the application for certain letters-patent of the United…
2Cases cited9 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Rubber Co. v. GoodyearSupreme Court of the United States · 1869
- Boyd v. PaulSupreme Court of Missouri · 1894
- Morse Twist Drill & Machine Co. v. MorseMassachusetts Supreme Judicial Court · 1869
- Warren v. A. B. Mayer Manufacturing Co.Supreme Court of Missouri · 1901
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3Cited by7 opinions
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Hartman v. John D. Park & Sons Co.U.S. Circuit Court for the District of Kentucky · 1906
- Coleman v. Ford Motor Co.Missouri Court of Appeals · 1917
- Dr. Miles Medical Co. v. Jaynes Drug Co.U.S. Circuit Court for the District of Massachusetts · 1906
- MISSOURI PORTLAND CEM. CO. v. Denny Concrete Co., Inc.Supreme Court of Missouri · 1973
2 more not listed; retrieve them via the Exa API.