Tracy v. Berridge
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. (1) A contract for the exchange of land for land or other things than money, is within the Statute of Frauds governing the sale of land, and moreover, if a part of a contract is within the Statute of Frauds, the whole is governed by it. R. S. 1909, sec. 2783; Wolfshill v. Wells, Admr., 154 Mo.' App. 302; Insurance Co. v.Bloomfield, 141 Mo. App. 421; Beckham v. Mepham, 97 Mo. App. 161; Andrews v. Broughton, 78 Mo.
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Appeal from Vernon Circuit Court. — Hon. B. G. Thurman, Judge. (1) A contract for the exchange of land for land or other things than money, is within the Statute of Frauds governing the sale of land, and moreover, if a part of a contract is within the Statute of Frauds, the whole is governed by it. R. S. 1909, sec. 2783; Wolfshill v. Wells, Admr., 154 Mo.' App. 302; Insurance Co. v.Bloomfield, 141 Mo. App. 421; Beckham v. Mepham, 97 Mo. App. 161; Andrews v. Broughton, 78 Mo. App. 189; Luckett v. Williams, 37 Mo. App. 388; Bush v. Haeussler, 26 Mo. App. 271; Purcell v. Miner, 4 Wall, 517;…
1Opinion of the CourtJohnson, J.
Plaintiff sued to recover damages he sustained from a breach by defendant of a written contract to exchange a stock of merchandise for a farm owned by plaintiff. Defendant claims he did not sign the contract nor authorize anyone to sign it for him. A trial by jury resulted in a verdict and judgment for plaintiff and defendant appealed.
*223Defendant, who lived in Kansas, owned a stock of merchandise in the town of Stotesbury, Yernon county. His brother-in-law, Fred Gaylord, was in charge of the business as his ag’ent under such general authority as to give the ag'ent the appearance and reputation…
2Cases cited9 opinions
- Cunningham v. WilliamsMissouri Court of Appeals · 1891
- Hawkins v. McGroartySupreme Court of Missouri · 1892
- Beckmann v. MephamMissouri Court of Appeals · 1902
- Roth v. GoergerSupreme Court of Missouri · 1893
- Johnson v. McGruderSupreme Court of Missouri · 1852
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3Cited by2 opinions
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Riddle Dees v. CastnerMissouri Court of Appeals · 1919