Donnell v. Lee
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James G-ibson and Hon. J. H. Sloven, Judges. (1) The oral agreement for arbitration between the parties upon which the alleged award in evidence is claimed to have been made, included therein the claim for an alleged breach by appellant of an oral lease to respondents of the premises in controversy for a period of two years, and said award purports to settle said controversy in regard to the rental of said lands.
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Appeal from the Jackson Circuit Court. — Hon. James G-ibson and Hon. J. H. Sloven, Judges. (1) The oral agreement for arbitration between the parties upon which the alleged award in evidence is claimed to have been made, included therein the claim for an alleged breach by appellant of an oral lease to respondents of the premises in controversy for a period of two years, and said award purports to settle said controversy in regard to the rental of said lands. It was therefore void under the statute of frauds, and the award if made, if otherwise valid, is invalid and not binding on appellant.…
1Opinion of the CourtG-ill, J.
In the year 1890 the defendants rented fi’om plaintiff Donnell about one hundred acres of' land in Jackson county, which was to be planted in wheat, plaintiff to furnish the seed, which, however, defendants were to return and in addition were to-deliver to plaintiff the one-third of the crop as rent. In August, 1891, when the crop was about to be threshed, a dispute arose on the division of the product, defendants claiming more than two-thirds on account of some alleged default by plaintiff as-to clearing out some alders on the land and as to ditching a portion of which he agreed to do and…
2Cases cited2 opinions
- Valentine v. ValentineNew York Court of Chancery · 1847
- M'Manus v. M'CullochSupreme Court of Pennsylvania · 1837
3Cited by5 opinions
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