Schmidt v. Rozier
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court —Eon. Jesse A. McDonald, Judge. (1) The contract sued on in this case is within the Statute of Frauds. Burrell v. Highleman, 33 Mo. App. 183; Lammers v. McGeehan, 4-3 Mb. App. 664; Pratt v. Miller, 109 Mo. 78. (2) The Statute of Frauds may be raised by a peremptory instruction at the close of plaintiff’s case. Extract Co. v. Grocer Co., 90 Mo.
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Appeal from St. Louis City Circuit Court —Eon. Jesse A. McDonald, Judge. (1) The contract sued on in this case is within the Statute of Frauds. Burrell v. Highleman, 33 Mo. App. 183; Lammers v. McGeehan, 4-3 Mb. App. 664; Pratt v. Miller, 109 Mo. 78. (2) The Statute of Frauds may be raised by a peremptory instruction at the close of plaintiff’s case. Extract Co. v. Grocer Co., 90 Mo. App. 53. The Statute of Frauds (sec. 3419, Revised Statutes 1899), does not apply, in this case. The contract was not for goods, wares and merchandise. Lane v. Melville, 3 U. C. Q. B. O. S. 127; Finney v. Apgar,…
1Opinion of the CourtNortoni, J.
(after stating the facts). — 1. The record presents two paramount questions calling for the opinion of the court, and they alone will he commented upon in- the opinion. The other matters presented are trivial and will not- be discussed.
The first question is: the contract in evidence being one for a coat and vest of peculiar design and pattern in that the coat had a wide lap in front and broad lapels as well as a full skirt, and was therefore different from those being manufactured and sold daily by the defendant-, was it a. contract for goods, wares and merchandise within the meaning of the…
2Cases cited30 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Boyd v. PaulSupreme Court of Missouri · 1894
- Allen v. RichardSupreme Court of Missouri · 1884
- Hurt v. FordSupreme Court of Missouri · 1898
- Phillips v. HardenburgSupreme Court of Missouri · 1904
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3Cited by15 opinions
- Berry-Kofron Dental Laboratory Co. v. SmithSupreme Court of Missouri · 1940
- Barr v. LakeMissouri Court of Appeals · 1910
- George Gifford Co. v. John N. WillmanMissouri Court of Appeals · 1915
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
- Woodson v. Leo-Greenwald Vinegar Co.Missouri Court of Appeals · 1925
10 more not listed; retrieve them via the Exa API.