Wilcox v. Sonka
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Hon. Argus Ooao, Judge. Plaintiff’s petition stated a good cause of action. Tlie contract was not within the Statute of Frauds; the description was sufficient; parol evidence was admissible to identify the land.
Read the full summary
Appeal from Polk Circuit Court. — Hon. Argus Ooao, Judge. Plaintiff’s petition stated a good cause of action. Tlie contract was not within the Statute of Frauds; the description was sufficient; parol evidence was admissible to identify the land. Means v. La Yergne, 50 Mo. 343; Shewalter v. Pirner, 55 Mo. 230; Charles v. Patch, 87 Mo. 466, and cases cited on page 467; Hammond v. Johnston, 93 Mo. 214, point 4; Bishop on Contracts, sec. 376; Hodges v. Rowing, 58 Conn. 12, 18 Atl. 979; Black & Snyder v. Crowther & Adrian, 74 Mo. App. 480. A contract for the sale of land must either describe the…
1Opinion of the CourtJohnson, J.
— Action to recover damages resulting to plaintiff from the breach by defendant of a contract for an exchange of farms. The petition alleges that the parties entered into the following contract in writing:
■ “Article of agreement made this the first day of April, 1908, by and between A. J. Wilcox of Pleasant Hope, Mo., party of the first part, and Frank Sonká of Bolivar, Mo., party of the second part, witnesseth: That we the parties to this contract have this day traded farms on the terms hereinafter mentioned, I, A. J. Wilcox, party of the first part, hereby agree to trade my farm of 160…
2Cases cited8 opinions
- Hodges v. KowingSupreme Court of Connecticut · 1889
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
- Weil v. WillardMissouri Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ray v. WoosterSupreme Court of Missouri · 1954
- Shy v. LewisSupreme Court of Missouri · 1928
- Talbert v. GristMissouri Court of Appeals · 1918
- Mabary v. MabaryMissouri Court of Appeals · 1913
- Tracy v. BerridgeMissouri Court of Appeals · 1914