Schultz v. Hunter
Missouri Court of Appeals
Appeal from Dunklin Circuit Court.—Hon. W. 8. G. Walker, Judge. (1) Tbe verdict is against the evidence, against tbe weight of tbe evidence and against tbe law under tbe evidence. There is no evidence in this cause establishing agency to sell real estate. Tbe written authority of tbe agent to sell real estate must be as full as tbe memorandum of sale is required to be and must contain tbe essential terms of contract, to take it out of tbe Statute of Frauds.
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Appeal from Dunklin Circuit Court.—Hon. W. 8. G. Walker, Judge. (1) Tbe verdict is against the evidence, against tbe weight of tbe evidence and against tbe law under tbe evidence. There is no evidence in this cause establishing agency to sell real estate. Tbe written authority of tbe agent to sell real estate must be as full as tbe memorandum of sale is required to be and must contain tbe essential terms of contract, to take it out of tbe Statute of Frauds. Johnson v. Fecht, 94 Mo. App. 621; Johnson v. Fecht, 185 Mo. 343; Cockrell v. McIntyre, 161 Mo. 59; Greening v. Steele, 122 Mo. 287. (2)…
1Opinion of the Court
REYNOLDS, P. J
In the petition upon which this case was tried, it is averred “that on the — day of--, 1911, by his agreement in writing made and entered into with plaintiff, the defendant for and in consideration of the price and sum of $6000, agreed to sell plaintiff the south half of the north half of section 13, in township 16 north of range 7 east, in Dunklin county, Missouri, and plaintiff then and there at the time as a consideration expressed in said written agreement paid defendant the sum of $25 in hand, and agreed to pay the remainder of said purchase price for said lands under the…
2Cases cited10 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Boyd v. PaulSupreme Court of Missouri · 1894
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
- Devore v. DevoreSupreme Court of Missouri · 1897
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3Cited by1 opinion
- Barr v. SnyderSupreme Court of Missouri · 1956