Bernhardt v. Walls
Missouri Court of Appeals
Error to Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case by the court. This was a suit for the specific performance of a contract. The petition alleged that the defendant was the president and manager of a certain corporation known as The Blue Grass Bitters Company, and was also the ■owner of a large amount of the capital stock of said company.
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Error to Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case by the court. This was a suit for the specific performance of a contract. The petition alleged that the defendant was the president and manager of a certain corporation known as The Blue Grass Bitters Company, and was also the ■owner of a large amount of the capital stock of said company. The contract was averred in these words: “Plaintiff states that, for the purpose of inducing him (plaintiff) to purchase stock in said concern, the defendant undertook and agreed that if plaintiff would purchase and pay for five…
1Opinion of the Court
I
Hall, J.
The counsel for the plaintiff contend, first, that the court erred in giving the instruction for the defendant, for the reason that the statute of frauds was not pleaded by the defendant, the general denial not raising the défence of the statute. The rule on this subject was early stated in this state by Judge Hyland, as follows: “ Where the defendant, in his answer, denies the contract, it is not necessary for him to insist upon the statute as a bar.” Wildbahn v. Roubidoux, 11 Mo. 166. But the plaintiff, in such case, must produce legal evidence of the existence of the agreement,…
2Cases cited8 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Allen v. RichardSupreme Court of Missouri · 1884
- Gardner v. ArmstrongSupreme Court of Missouri · 1862
- Lydick v. HollandSupreme Court of Missouri · 1884
- Fine v. HornsbyMissouri Court of Appeals · 1876
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3Cited by7 opinions
- Schmidt v. RozierMissouri Court of Appeals · 1906
- Hackett v. WattsSupreme Court of Missouri · 1897
- Kaufer v. StumpfWisconsin Supreme Court · 1906
- Stifft v. StiewelSupreme Court of Arkansas · 1909
- Brinkman v. LuhrsMissouri Court of Appeals · 1895
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