Sharp v. Rhiel
Supreme Court of Missouri
Appeal from Henry Common Pleas. relied upon the statute of frauds, (Wagn. Stat., 656, § 5,) and Atwood’s Admr.'vs. Fox, 30 Mo., 499. I. Respondents contend, that the real time, within the meaning of the statute, when said contract was actually made and concluded, was March 1st, 1871, when they commenced hauling, and appellants commenced receiving the coal.
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Appeal from Henry Common Pleas. relied upon the statute of frauds, (Wagn. Stat., 656, § 5,) and Atwood’s Admr.'vs. Fox, 30 Mo., 499. I. Respondents contend, that the real time, within the meaning of the statute, when said contract was actually made and concluded, was March 1st, 1871, when they commenced hauling, and appellants commenced receiving the coal. They acted under the original understanding, and on that day (March 1st 1871,) ratified and made binding the previous understanding between the parties. II. The respondents were wrongfully stopped in the prosecution of their business by the…
1Opinion of the CourtAdams, Judge
The only point raised by this record is, whether the plaintiffs eonld recover on an executory contract not in writing, which was made on or about the first day of February, 3871, or several weeks before the first of March, whereby it was agreed between the parties, that the plaintiffs should furnish to the defendants all the coal they might need to run a steam flouring mill from the first of March, 1871, till the first of March, 1872. After making the contract, the defendants did, on the day named, commence delivering coal at the price agreed on, which was paid to them as they delivered it;…
2Cited by16 opinions
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Biest v. VerSteeg Shoe Co.Missouri Court of Appeals · 1902
- Chase v. HinkleyWisconsin Supreme Court · 1905
- Nally v. ReadingSupreme Court of Missouri · 1891
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