Legal Opinion

Kirby v. Johnson

Supreme Court of Missouri

Decided January 15, 1856PublishedCited by 13 opinions

Error to Jackson Circuit Court. Tbe facts appear in the opinion of the court. insisted that there was a sufficient delivery to take the contract out of the statute, and cited Elmore v. Stone, 1 Taunt. 457; Chaplin v. Rogers, 1 East. 192; 11 Johns. Rep. 284. cited Shindler v. Houston, 1 Comstock, 661.

1Opinion of the CourtRyland, Judge

The only question in this case is, whether the contract between the parties is within the statute of frauds and perjuries or not.

The facts of the case are as follows : The plaintiff was buying cattle for California, and being at defendant’s house, he went with the defendant to look at some cattle in the defendant’s pasture. They were unable to agree as to the price of the lot, but traded for four yoke of oxen, at the price of forty dollars per yoke. Plaintiff told defendant that he had not the money with him ; but if the defendant would go home with him, or would go back to town with him, he…

2Cases cited1 opinion

  1. Vincent v. GermondNew York Supreme Court · 1814

3Cited by13 opinions

  1. Conrad v. FisherMissouri Court of Appeals · 1889
  2. Delventhal v. JonesSupreme Court of Missouri · 1873
  3. Hausman v. NyeIndiana Supreme Court · 1878
  4. Kaufman & Co. v. StoneSupreme Court of Arkansas · 1869
  5. Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912

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