Boyer v. Leidigh-Havens Lumber Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. D. E. Bird, Judge. (1) Tke statute of frauds lias no application in this case, (a) Because its benefits cannot be claimed by one who is not a party to the contract and is not sought to be charged thereby. Railroad v. Clark, 121 Mo. 169; Shelton et al. v. Thompson Bennett, 96 Mo. Ap,p. 332; Aultman v. Booth, 95 Mo. 386. (b) There was a delivery of the goods.
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Appeal from Jackson Circuit Court. — Hon. D. E. Bird, Judge. (1) Tke statute of frauds lias no application in this case, (a) Because its benefits cannot be claimed by one who is not a party to the contract and is not sought to be charged thereby. Railroad v. Clark, 121 Mo. 169; Shelton et al. v. Thompson Bennett, 96 Mo. Ap,p. 332; Aultman v. Booth, 95 Mo. 386. (b) There was a delivery of the goods. Macomber v. Parker, 30 Mass. 175. (2) If at the time of the sale, the purchaser has possession of the articles bought, no actual delivery is necessary to be made, and so idle a ceremony as the…
1Opinion of the CourtJohnson, J.
Plaintiff sued defendant in a justice court for the conversion of 158 doors valued at $350. A jury was waived in the circuit court to which the cause was appealed and plaintiff, at the close of his evidence was compelled to take an involuntary non-suit with leave.- Afterward his motion to set aside the nonsuit was overruled and he appealed.
The question for decision is- the sufficiency of the evidence introduced by plaintiff to raise an issue for the court to determine as a trier of fact.
Boyer, the plaintiff, and E. N. Woods were young men of the same age who were lifelong friends and…
2Cases cited5 opinions
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- American Metal Co. v. DaughertySupreme Court of Missouri · 1907
- Adam Roth Grocer Co. v. LewisMissouri Court of Appeals · 1897
- Longsdorff v. MeyersMissouri Court of Appeals · 1913
- England v. MortlandMissouri Court of Appeals · 1877
3Cited by1 opinion
- Hubbard and Perry v. Home Ins. Co. of N.Y.Missouri Court of Appeals · 1920