Legal Opinion

Wolz v. Parker

Supreme Court of Missouri

Decided June 2, 1896PublishedCited by 6 opinions

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

  1. Whelan v. ReillySupreme Court of Missouri · 1876
  2. Manufacturing Co. v. BradleySupreme Court of the United States · 1882
  3. Dickerson v. Board of CommissionersIndiana Supreme Court · 1855
  4. Hubbard v. OgdenSupreme Court of Kansas · 1879
  5. Philips v. BaileySupreme Court of Missouri · 1884

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3Cited by6 opinions

  1. Groh v. SheltonMissouri Court of Appeals · 1968
  2. Harburg v. KumpfSupreme Court of Missouri · 1899
  3. Hudson Bro's Commission Co. v. Glencoe Sand & Gravel Co.Supreme Court of Missouri · 1897
  4. Leone v. BearSupreme Court of Missouri · 1951
  5. McClung v. Missouri Trust Co.Supreme Court of Missouri · 1897

1 more not listed; retrieve them via the Exa API.

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