Foster v. McO'Blenis & Matthews
Supreme Court of Missouri
•Appeal from Si. Louis Court of Common Pleas. This was an action brought by Eli Foster, in 1851, against the appellants, $o recover damages.
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•Appeal from Si. Louis Court of Common Pleas. This was an action brought by Eli Foster, in 1851, against the appellants, $o recover damages. The petition stated that, in the year 1849, tbé plaintiff was engaged in running a line of omnibus carriages in the city of St. Louis, on Morgan ^street, from Broadway to the western limits of the city and thence to the Prairie House, on the St. Charles road, and that the defendants agreed that, if plaintiff would withdraw his carriages from" that portion of the route between Broadway and the city limits, and cease to run them there, they would-pay him…
1Opinion of the CourtSoott, Judge
1. The first question we will consider in this cause is, whether the contract stated in the petition is within the statute of frauds and perjuries, as it is not to be performed within a year, but may have an indefinite extension as to the period within which it may be completed. Whatever might be our opinion in relation to this question, if it were now for the first time to be de*91termined, we do not deem ourselves warranted in departing from a course of decisions, wbicb seems to have been uniform in interpreting this clause of the statute. The construction was early made, and has been steadily…
2Cited by14 opinions
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- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- Suggett's Administrator v. Cason's AdministratorSupreme Court of Missouri · 1858
- Winters v. CherrySupreme Court of Missouri · 1883
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