Legal Opinion

Tracy v. Berridge

Missouri Court of Appeals

Decided May 18, 1914PublishedCited by 2 opinions

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

  1. Cunningham v. WilliamsMissouri Court of Appeals · 1891
  2. Hawkins v. McGroartySupreme Court of Missouri · 1892
  3. Beckmann v. MephamMissouri Court of Appeals · 1902
  4. Roth v. GoergerSupreme Court of Missouri · 1893
  5. Johnson v. McGruderSupreme Court of Missouri · 1852

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3Cited by2 opinions

  1. Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
  2. Riddle Dees v. CastnerMissouri Court of Appeals · 1919

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