Ficklin v. Tinder
Missouri Court of Appeals
Appeal from Boone Circuit Court. — No». D. N. Harris, Judge. (1) Upon the uncontradicted evidence in this' case, the trial court should have instructed a verdict for the defendant, upon the grounds that the contract of sale was within the Statute of Frauds. R. S. 1909‘, sec. 2784; Kerby v. Johnson, 22 Mo. 354; H'arvey v. Butchers, 39 Mo. 212; Delventhal v. Jones, 53 Mo. 460; Lovelace v. Stewart, 23 Mo. 384; Sotham v. Weber, 116 Mo. App. 104; Eichberg v. Paper Co., 119 Mo.
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Appeal from Boone Circuit Court. — No». D. N. Harris, Judge. (1) Upon the uncontradicted evidence in this' case, the trial court should have instructed a verdict for the defendant, upon the grounds that the contract of sale was within the Statute of Frauds. R. S. 1909‘, sec. 2784; Kerby v. Johnson, 22 Mo. 354; H'arvey v. Butchers, 39 Mo. 212; Delventhal v. Jones, 53 Mo. 460; Lovelace v. Stewart, 23 Mo. 384; Sotham v. Weber, 116 Mo. App. 104; Eichberg v. Paper Co., 119 Mo. App. 262; Shelton v. Sires, 96 Mo. App. 327. (2) Under the evidence of both parties, the sale was for cash. There being no…
1Opinion of the CourtEllison, J.
Plaintiff’s action is to recover the sum of $975 as the , purchase price of 1500 bushels of corn which he alleges he sold to defendant. He obtained judgment in the circuit court.
We will consider the case as made by the plaintiff, though disputed by defendant in some particulars. He says that he and defendant lived a few miles apart and that he had 2000 bushels of corn in a crib on his farm and that he met defendant on the highway, in the month of March, when they fell into conversation and he sold defendant 1500 bushels of the 2000 in the crib, at 65 cents per bushel, defendant to have up to…
2Cases cited13 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Hinchman v. LincolnSupreme Court of the United States · 1888
- Ober v. Carson'sSupreme Court of Missouri · 1876
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
- Cunningham v. AshbrookSupreme Court of Missouri · 1855
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3Cited by3 opinions
- Hubbard and Perry v. Home Ins. Co. of N.Y.Missouri Court of Appeals · 1920
- Gray v. CooperMissouri Court of Appeals · 1925
- Ruediger v. DennisMissouri Court of Appeals · 1918