Sursa v. Cash
Missouri Court of Appeals
Appeal from Ripley Comity Circuit Court. — Eon. J. G. Sheppard, Judge. (1) Respondent having declared upon an oral contract for the exchange of land for land and merchandise of the value of thirty dollars or more, the contract must he shown to he fully executed or it is within the Statute of Frauds. R. S. 1909, sec. 2783; R. S. 1909, sec. 2784; Beckmann v. Mephan 97 Mo. App. 161; 147 Mo. App. 85; 141 Mo.
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Appeal from Ripley Comity Circuit Court. — Eon. J. G. Sheppard, Judge. (1) Respondent having declared upon an oral contract for the exchange of land for land and merchandise of the value of thirty dollars or more, the contract must he shown to he fully executed or it is within the Statute of Frauds. R. S. 1909, sec. 2783; R. S. 1909, sec. 2784; Beckmann v. Mephan 97 Mo. App. 161; 147 Mo. App. 85; 141 Mo. App. 421; Lydiek v. Holland, 83 Mo. 703. (2) Vendor cannot enforce specific performance nor recover damage for the breach of an oral contract for the sale of land although he has delivered…
1Opinion of the Court
OPINION.
EARRING-TON, J.
(after stating the facts).— As a preliminary consideration, appellant contends that his peremptory instruction should have been given for the reason that plaintiff had theretofore brought a suit for the specific performance of this contract and that a decree was rendered in favor of the defendant in which the court refused to enforce the performance of the contract and made no allow-*403anee of damages; and appellant argues that the question of damages was before the court in that case and was adjudicated. The judgment in that case shows on its face that plaintiff’s…
Also in this document: Concurrence.
2Cases cited24 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Boone v. CoeCourt of Appeals of Kentucky · 1913
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Long v. LongSupreme Court of Missouri · 1897
- Kirk v. MiddlebrookSupreme Court of Missouri · 1907
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3Cited by6 opinions
- Kludt v. ConnettSupreme Court of Missouri · 1943
- Poplin v. BrownMissouri Court of Appeals · 1918
- Davis v. Holloway and SmithSupreme Court of Missouri · 1927
- Simpson v. GreenCourt of Appeals of Texas · 1919
- Whaling v. Little Piney Oil Co.Missouri Court of Appeals · 1981
1 more not listed; retrieve them via the Exa API.