Groomer v. McMillan
Missouri Court of Appeals
Error to DeKalb Circuit Court. — Eon. Alomo D. BurneSj Judge. (1) The petition on its face discloses that the agreement was within the Statute of Frauds (sec. 3419, R. S. 1899), and the objection to the introduction of any evidence should have been sustained. (2) Defendant may rely on the Statute of Frauds when the agreement is denied by his answer, and it is not necessary to insist upon the statute as a bar. Wildbahn v. Roubidoux, 11 Mo. 419; Milling Co. v. Burgher; 122 Mo.
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Error to DeKalb Circuit Court. — Eon. Alomo D. BurneSj Judge. (1) The petition on its face discloses that the agreement was within the Statute of Frauds (sec. 3419, R. S. 1899), and the objection to the introduction of any evidence should have been sustained. (2) Defendant may rely on the Statute of Frauds when the agreement is denied by his answer, and it is not necessary to insist upon the statute as a bar. Wildbahn v. Roubidoux, 11 Mo. 419; Milling Co. v. Burgher; 122 Mo. App. 14; Hook v. Turner, 22 Mo. 333; Springer v. TCIeinserge, 83 Mo. 155; Phillip v. Harden burgh, 181 Mo. 473. (3) A…
1Opinion of the CourtEllison, J.
Plaintiff brought this action to charge defendant with damages on account of a breach of a contract of sale of cattle. He recovered judgment in the trial court.
The contract was verbal and the cattle largely exceeded the value of thirty dollars. For that reason defendant interposed the Statute of Frauds (sec. 3419, R. S. 1899) which provides that no verbal contract for the sale of goods, wares and merchandise, for a price of thirty dollars or more, shall be allowed to be good unless the buyer shall accept part of the goods so sold and actually receive the same, or give something in earnest to…
2Cases cited10 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Appleton v. KennonSupreme Court of Missouri · 1854
- Howe v. HaywardMassachusetts Supreme Judicial Court · 1871
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3Cited by14 opinions
- Eagleton v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1938
- Rohrbach v. HammillSupreme Court of Iowa · 1913
- UAW-CIO Local 31 Credit Union v. Royal Insurance Co.Supreme Court of Missouri · 1980
- Hickerson v. Con Frazier Buick Co.Missouri Court of Appeals · 1953
- GFC CORPORATION v. NesserSupreme Court of Missouri · 1954
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