Ray v. Blackman
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Eon. Jas. L. Fort, Judge. (1) If defendant’s version of the alleged renting is true, his contract was clearly void because not in writing and not to be performed within one year from the making thereof. Plaintiff’s instruction numbered 1, prayed for, declares the law should have been given. R. S. 1899, sec. 3118; Butt v. Fox, 96 Mo. App. 137. Defendant’s instruction numbered 1 is plainly erroneous.
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Appeal from Stoddard Circuit Court. — Eon. Jas. L. Fort, Judge. (1) If defendant’s version of the alleged renting is true, his contract was clearly void because not in writing and not to be performed within one year from the making thereof. Plaintiff’s instruction numbered 1, prayed for, declares the law should have been given. R. S. 1899, sec. 3118; Butt v. Fox, 96 Mo. App. 137. Defendant’s instruction numbered 1 is plainly erroneous. A verbal agreement to lease not to be performed within one year from the date of the making thereof would not entitle the lessee to the possession as against a…
1Opinion of the CourtNortoni, J.
(after stating the facts.
1. It appears from the uncontroverted evidence that the defendant was in possession of the premises under a parol con*502tract wliereby the term expired December 31, 1904; It is not shown in the case that either the plaintiff or his grantor, Slayton, had given defendant notice to quit, nor is there a showing that demand had been made on him for the surrender of the premises prior to the institution of the suit as contemplated under the second provision of section 3321, R. S. 1899, in relation to unlawful detainer. In this state of the record, the question presented is: is…
2Cases cited39 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Adams v. . City of CohoesNew York Court of Appeals · 1891
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Grant v. WhiteSupreme Court of Missouri · 1868
- Gitchell v. KreidlerSupreme Court of Missouri · 1884
34 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Millhouse v. Drainage District No. 48 of Dunklin CountyMissouri Court of Appeals · 1957
- Darling Shops Delaware Corp. v. Baltimore Center Corp.Court of Appeals of Maryland · 1948
- Kilbourne v. ForesterMissouri Court of Appeals · 1970
- Federal National Mortgage Ass'n v. WilsonMissouri Court of Appeals · 2013
- P.M. Construction Services, Inc. v. LewisMissouri Court of Appeals · 2000
11 more not listed; retrieve them via the Exa API.