Johnson v. Fecht
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. All of the authorities are agreed that the memorandum must state the' contract with reasonable certainty, so that its essential terms can be ascertained from the writing itself without resort to parol evidence. Einger ' v. Holtzclaw, 112 Mo. 522; Boyd v. Paul, 135 Mo. 13; Kelly v. Thuey, 143 Mo. 422; Weil v. Willard,- 55 Mo. App. 376; Schroeder v. Taaffe, 11 Mo. App. 267; Scarritt v. Church, 70 Mo.
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Transferred from St. Louis Court of Appeals. All of the authorities are agreed that the memorandum must state the' contract with reasonable certainty, so that its essential terms can be ascertained from the writing itself without resort to parol evidence. Einger ' v. Holtzclaw, 112 Mo. 522; Boyd v. Paul, 135 Mo. 13; Kelly v. Thuey, 143 Mo. 422; Weil v. Willard,- 55 Mo. App. 376; Schroeder v. Taaffe, 11 Mo. App. 267; Scarritt v. Church, 70 Mo. App. 178; Pox v. Courtney, 111 Mo. 147. The writing must be a guide to find the land, must contain sufficient particulars to point out and distinguish…
1Opinion of the CourtMarshall, J.
This is a proceeding at law to recover four hundred and fifty dollars, damages for alleged breach of contract between the plaintiff and the deceased Lorenz Feger. The claim was presented for allowance against the estate of Lorenz Feger, of which the defendant Fecht is the administrator, and was afterwards appealed to the circuit court of Audrain county, and there tried, resulting in a judgment for the plaintiff for two hundred and twenty-five dollars, from which the defendant appealed to the St. Louis Court of Appeals, where the judgment was reversed, without remanding the cause; but one of…
2Cases cited6 opinions
- Fox v. CourtneySupreme Court of Missouri · 1892
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
- Greening v. SteeleSupreme Court of Missouri · 1894
- Hawkins v. McGroartySupreme Court of Missouri · 1892
- Roth v. GoergerSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Austin & Bass Builders, Inc. v. LewisSupreme Court of Missouri · 1962
- Hunt v. U.S. Fire Insurance Co. of N.Y.Missouri Court of Appeals · 1946
- Knox v. McMurraySupreme Court of Iowa · 1913
- Shy v. LewisSupreme Court of Missouri · 1928
- Young v. RuhwedelMissouri Court of Appeals · 1906
6 more not listed; retrieve them via the Exa API.