Brinkman v. Luhrs
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1)- Parol evidence can not be offered to prove the terms of a contract, proof of which is by the statute of frauds required to be in writing.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1)- Parol evidence can not be offered to prove the terms of a contract, proof of which is by the statute of frauds required to be in writing. Woods on the Statute of Frauds, last edition (1884), p. 762, sec. 404, states the rule; Starkie on Evidence [9 Ed.], 589, *650, 643, *717; Bledstyn v. Sedgwick, Ann. 304; Brodie v. St. Paid, etc., 1 Vesey Jr. 326; 1 Grreenleaf on Evidence, [14 Ed.], sec. 262, note 3, p. 337; Cosine v. Graham, 2 Paige, 181; Bank v. Boot, 3 Paige, 481; Rook v. Turner, 22 Mo. 335; Springer v. Kleingorge,…
1Opinion of the CourtSmith, P. J.
This is an action to recover $600, the same being the amount of purchase money claimed to be due under an agreement in writing for the sale of certain real property situate in the state of Kansas. The petition sets out the terms and provisions of the contract, the essentials of which have .just been sufficiently stated for the purpose of a proper understanding of the question which we shall presently notice. The answer contained a general denial and the plea of the statute of frauds. There was a trial before the court, a jury being dispensed with, where plaintiff had judgment and defendant…
2Cases cited15 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Allen v. RichardSupreme Court of Missouri · 1884
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Farmer v. SimpsonTexas Supreme Court · 1851
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3Cited by3 opinions
- Kludt v. ConnettSupreme Court of Missouri · 1943
- Whitenton v. WhitentonMissouri Court of Appeals · 1983
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