Hill Bros. v. Bank of Seneca
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Row. R. G. Pepper, Judge. (1) Such, signed writing as the statute requires must contain all essential elements of the contract, including the agreed consideration, or the memorandum must be held fatally defective.
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Appeal from Newton Circuit Court. — Row. R. G. Pepper, Judge. (1) Such, signed writing as the statute requires must contain all essential elements of the contract, including the agreed consideration, or the memorandum must be held fatally defective. Kelly v. Thuey, 143 Mo. 422; Boyd v. Paul, 125 Mo. 9; Ringer v. Holtzclaw, 112 Mo. 519. (2) So it is where the action was for work under specific contract set out, with statement of credits of payments, asking judgment for balance. By such petition plaintiff “invites examination into the amount of indebtedness and the extent of the recfuption…
1Opinion of the CourtGoode, J.
Many of the facts of this case are stated in the report of the decision of a former appeal (87 Mo. App. 590); but as the case came to this court then from a judgment rendered by the court below in favor of the bank on a demurrer to the plaintiffs ’ evidence, the facts to support the defense on the merits were not before us and were not embraced in the statement of facts then made.
The question for our determination on that appeal was whether the plaintiffs’ evidence made a case for submission to the jury, and we held that it did, reversing the judgment and remanding the cause to be retried;…
2Cases cited15 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Farley v. ClevelandNew York Supreme Court · 1825
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Peck v. RitcheySupreme Court of Missouri · 1877
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3Cited by12 opinions
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Lindley v. KellySupreme Court of Oklahoma · 1914
- Burk v. WaltonSupreme Court of Missouri · 1935
- Swarens v. PfniselSupreme Court of Missouri · 1930
- Wentzel v. Lake Lotawana Development Co.Missouri Court of Appeals · 1932
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