Wolz v. Parker
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) A verbal contract not to be performed within one year’s time is within the statute of frauds and void. R. S. 1889, sec. 5186. (2) A verbal contract to extend the time of payment must be founded upon a valid consideration. Pingree on Mortgages, sec. 1536; Frasier v. University, 39 Ind. 556; Loomis v. Donovan, 17 Ind. 198; Fishv.
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Appeal from Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) A verbal contract not to be performed within one year’s time is within the statute of frauds and void. R. S. 1889, sec. 5186. (2) A verbal contract to extend the time of payment must be founded upon a valid consideration. Pingree on Mortgages, sec. 1536; Frasier v. University, 39 Ind. 556; Loomis v. Donovan, 17 Ind. 198; Fishv. Haywood,, 28 Hun (N. Y.), 456; Jones on Mortgages [5 Ed.], sec. 1180. (3) The promise of that which the party was under a previous valid legal obligation to do, is no consideration for a contract. Parsons…
1Opinion of the CourtBukgess, J.
This is a suit to enjoin a trustee’s sale. Defendants demurred to the petition which was overruled, and defendants refusing to plead further judgment was rendered for plaintiff perpetuating the injunction, and defendants appealed.
*463The facts are as follows:
In December, 1892, defendant Moberly sold to John R. Dennis a tract of land containing two hundred and twenty acres in Grundy county, Missouri, at the price of $3,950, a part of which was paid in cash, and for the balance Dennis executed his promissory notes, one for $400, due May 18, 1893; one for $250, due April 15, 1894, and thirteen other…
2Cases cited12 opinions
- Whelan v. ReillySupreme Court of Missouri · 1876
- Manufacturing Co. v. BradleySupreme Court of the United States · 1882
- Dickerson v. Board of CommissionersIndiana Supreme Court · 1855
- Hubbard v. OgdenSupreme Court of Kansas · 1879
- Philips v. BaileySupreme Court of Missouri · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Groh v. SheltonMissouri Court of Appeals · 1968
- Harburg v. KumpfSupreme Court of Missouri · 1899
- Hudson Bro's Commission Co. v. Glencoe Sand & Gravel Co.Supreme Court of Missouri · 1897
- Leone v. BearSupreme Court of Missouri · 1951
- McClung v. Missouri Trust Co.Supreme Court of Missouri · 1897
1 more not listed; retrieve them via the Exa API.