Sotham v. Weber
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Son. Shannon G. Douglass, Judge. (1) The verdict is against the evidence and was manifestly for the wrong party. 1 Tiedeman on Sales, sec. 56. (2) The Statute of Fraud: page 856, chapter 31, R. S. 1899, sec. 3419; Wood on Statute of Frauds, (1 Ed.), p. 634, note 2, pp. 635-638; Tiedeman on Sales, sec. 69, page 83; Story on Sales, sec. 278; Harvey v. Butcher’s Association, 39 Mo: 217; Kirby v. Johnson, 22 Mo. 354; Gro.
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Appeal from Jackson Circuit Court. — Son. Shannon G. Douglass, Judge. (1) The verdict is against the evidence and was manifestly for the wrong party. 1 Tiedeman on Sales, sec. 56. (2) The Statute of Fraud: page 856, chapter 31, R. S. 1899, sec. 3419; Wood on Statute of Frauds, (1 Ed.), p. 634, note 2, pp. 635-638; Tiedeman on Sales, sec. 69, page 83; Story on Sales, sec. 278; Harvey v. Butcher’s Association, 39 Mo: 217; Kirby v. Johnson, 22 Mo. 354; Gro. Go. v. Lamar, 42 S. E. 366; Cardet v. Belknap et al., 1 Cal. 399; Bentall v. Burn, 3 Barn & Gres. 423; Bailey v. Ogden, 3 Johns. 399. (3)…
1Opinion of the CourtEllison, J.
This is an action for the price of a certain beef steer alleged to have been sold and delivered by The plaintiff to the defendant at Kansas City on the 18th day of October 1900. The judgment in the trial court Avas for the plaintiff. The defense, which we are to consider, is the Statute of Frauds, section 3419, (Revised Statutes 1899) reading as follows: “No contract for the sale'of goods, wares and merchandise for the price of thirty dollars or upward, shall be allowed to be good, unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in…
2Cases cited4 opinions
- Hinchman v. LincolnSupreme Court of the United States · 1888
- Marsh v. . RouseNew York Court of Appeals · 1871
- Kirby v. JohnsonSupreme Court of Missouri · 1856
- Harvey v. St. Louis Butchers' Joint Stock & Benevolent Ass'nSupreme Court of Missouri · 1866
3Cited by6 opinions
- Carter v. Western Tie & Timber Co.Missouri Court of Appeals · 1914
- Lesan Advertising Co. v. CastlemanMissouri Court of Appeals · 1912
- Ficklin v. TinderMissouri Court of Appeals · 1912
- Hoffman v. Wisconsin Lumber Co.Missouri Court of Appeals · 1921
- Ruediger v. DennisMissouri Court of Appeals · 1918
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