Legal Opinion

Mason v. Small

Missouri Court of Appeals

Decided March 31, 1908PublishedCited by 2 opinions

Appeal from G-reene Circuit Court. — Hon. Jas. T. Neville, Judge. The contract is invalid in that it does not sufficiently describe the land sold. Watts v. Thompson, 22 Mo. App. 564; Beckmann v. Mepham, 97 Mo. App. 161; Weil y. Willard, 55 Mo. App. 376; Fox y. Courtney, 147 Mo. 147; Ringer v. Holtzclaw, 112 M'o. 519; Warren v. Mayer Mfg. Co., 161 Mo. 113; Boyd v. Paul, 125 M'o. 9; Kelly y. Thuey, 143 Mo. 422; Johnson y.

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Appeal from G-reene Circuit Court. — Hon. Jas. T. Neville, Judge. The contract is invalid in that it does not sufficiently describe the land sold. Watts v. Thompson, 22 Mo. App. 564; Beckmann v. Mepham, 97 Mo. App. 161; Weil y. Willard, 55 Mo. App. 376; Fox y. Courtney, 147 Mo. 147; Ringer v. Holtzclaw, 112 M'o. 519; Warren v. Mayer Mfg. Co., 161 Mo. 113; Boyd v. Paul, 125 M'o. 9; Kelly y. Thuey, 143 Mo. 422; Johnson y. Fecht, 185 Mo. 344. It is a well-settled principle that oral evidence may be offered to prove the identity of the subject-matter of a written contract. Lawson on Contracts,…

1Opinion of the CourtBland, P. J.

Plaintiffs, Mason and Thomas, are partners doing business as real estate brokers or agents in the city of- Springfield, Missouri. The petition states that on June 1,. 1906, plaintiffs were employed by defendants to find them a buyer for cash or trade for a stock of general merchandise, which it is alleged defendants owned and which was contained in a storehouse in the town of Sparta, in Christian county, Missouri; that on June 3, 1906, plaintiffs found Jake and George Hine and L. P. Edwards, and by and with the consent of defendants negotiated a trade with them for said goods, for which…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
  2. Shewalter v. PirnerSupreme Court of Missouri · 1874
  3. Fox v. CourtneySupreme Court of Missouri · 1892
  4. Rothenbarger v. RothenbargerSupreme Court of Missouri · 1892
  5. Johnson v. FechtSupreme Court of Missouri · 1904

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3Cited by2 opinions

  1. Rosen v. PhelpsCourt of Appeals of Texas · 1913
  2. Shy v. LewisSupreme Court of Missouri · 1928

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