George Gifford Co. v. John N. Willman
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Mon. G. M. Mayer, Judge. (1) The court committed error in permitting plaintiff to sue on a contract of purchase alleged in the petition and to recover under said contract orally modified, which modification was not declared upon or alleged in the petition, the contract being required to he in writing under the Statute of Frauds.
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Appeal from Buchanan Circuit Court. — Mon. G. M. Mayer, Judge. (1) The court committed error in permitting plaintiff to sue on a contract of purchase alleged in the petition and to recover under said contract orally modified, which modification was not declared upon or alleged in the petition, the contract being required to he in writing under the Statute of Frauds. Goller v. Hensler, 161 S. W. 584; Wilt v. Hammond, 165 S-. W. 362. (2) The Statute of Frauds does not have to be pleaded, but it may he taken advantage of by objection to testimony under a general denial. Leesley Bros, v. Fruit…
1Opinion of the CourtTrimble, J.
Plaintiff and defendants entered into a contract whereby the former agreed to sell to the latter a carload of Northern California cantaloupes in standard crates and of choice quality at $2.75' per crate to be shipped and delivered to defendants at St. Joseph. The term “standard crates” in that business means that the melons shall be of a certain size. This suit is brought to recover the contract price thereof.
The petition alleges that the contract of sale was made, and that, under it, plaintiffs shipped a carload of 360 crates of cantaloupes at $2.75 per crate to defendants at St. Joseph and…
2Cases cited7 opinions
- Schmidt v. RozierMissouri Court of Appeals · 1906
- Carman v. HarrahMissouri Court of Appeals · 1914
- Hunter Bros. Milling Co. v. StanleyMissouri Court of Appeals · 1908
- In re George M. Hill Co.Court of Appeals for the Seventh Circuit · 1903
- Young & Branson v. LedfordMissouri Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
- Roaring Fork Potato Growers v. C. C. Clemons Produce Co.Missouri Court of Appeals · 1916
- Woodson v. Leo-Greenwald Vinegar Co.Missouri Court of Appeals · 1925
- Ryan Equipment Co. v. FickenMissouri Court of Appeals · 1967
- N. W. Helm Feed & Coal Co. v. Butler County Milling Co.Missouri Court of Appeals · 1925
4 more not listed; retrieve them via the Exa API.