Legal Opinion

Peycke Bros. v. Ahrens

Missouri Court of Appeals

Decided February 16, 1903PublishedCited by 16 opinions

Appeal from Jackson Circuit Court. — Ho». Daniel D. Holmes, Special Judge. (1) Under the decisions of the courts of Missouri, the memorandum required by statute to be signed by the party must contain all the terms of the contract, The memorandum can not be pieced »ont by parol nor by other writings not referred to in a writing signed by the party'to be charged. Rucker v. Harrington, 52 Mo. App. 48Í; Miller v. Goodrich, 53 Mo. App. 430;'Weil v. Willard, 55 Mo.

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Appeal from Jackson Circuit Court. — Ho». Daniel D. Holmes, Special Judge. (1) Under the decisions of the courts of Missouri, the memorandum required by statute to be signed by the party must contain all the terms of the contract, The memorandum can not be pieced »ont by parol nor by other writings not referred to in a writing signed by the party'to be charged. Rucker v. Harrington, 52 Mo. App. 48Í; Miller v. Goodrich, 53 Mo. App. 430;'Weil v. Willard, 55 Mo. App. 376; Eos v. Courtney, 111 Mo. App. 150; Boyd v. Paul, 125 Mo. 9; Kelley v. Thuey, 143 Mo. 435; State ex rel. v. Associated Press,…

1Opinion of the CourtSmith, P. J.

The plaintiffs and the defendant were each dealers in cabbage, the place of business of the former being Kansas City and that of the latter, *458Chicago. As appears from the record, the plaintiffs’ claim, is that they entered into a contract with the defendant by which they sold him two carloads of medium-sized hard green Texas cabbage at three dollars and fifty cents per crate, payable on delivery. This contract was put in issue by defendant’s answer. At the trial, the plaintiffs to maintain the affirmative introduced in evidence a series of telegrams and letters which had passed between them…

2Cases cited9 opinions

  1. Beckwith v. TalbotSupreme Court of the United States · 1877
  2. Kelly v. ThueySupreme Court of Missouri · 1898
  3. Peabody v. . SpeyersNew York Court of Appeals · 1874
  4. Moore v. MountcastleSupreme Court of Missouri · 1875
  5. Cunningham v. WilliamsMissouri Court of Appeals · 1891

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3Cited by16 opinions

  1. MacY v. DayMissouri Court of Appeals · 1961
  2. Kirkpatrick v. PeaseSupreme Court of Missouri · 1907
  3. Leesley Bros v. A. Rebori Fruit Co.Missouri Court of Appeals · 1912
  4. Williams v. BuntinCourt of Appeals of Tennessee · 1927
  5. Carter v. Western Tie & Timber Co.Missouri Court of Appeals · 1914

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