Legal Opinion

Neuvirth v. Engler

Missouri Court of Appeals

Decided March 5, 1900PublishedCited by 3 opinions

Appeal from the Jackson. Circuit Court. — Hon. John W. Henry, Judge. (1) A contract not in writing, no memorandum thereof, made by the party to be charged and not to be performed within one year from its date is involved. No- principle is better settled than such a contract is void under the statute of frauds and under the ban of the law.

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Appeal from the Jackson. Circuit Court. — Hon. John W. Henry, Judge. (1) A contract not in writing, no memorandum thereof, made by the party to be charged and not to be performed within one year from its date is involved. No- principle is better settled than such a contract is void under the statute of frauds and under the ban of the law. Authorities in support of the foregoing propositions are: R. S. 1889, secs. 5182, 5186, 6371; 'Withnell v. Petzold, 104 Mo. 509; Combs v. Transfer Co., 58 Mo. App. 112; Briar v. Robertson, 19 Mo. App. 66; Sharp v. Rhiel, 55 Mo. 97; Johnson v. Reading, 36 Mo.…

1Opinion of the CourtGill, J.

This is a suit in equity wherein plaintiff gsks that defendant be enjoined from ousting him from possession of a certain store house with living rooms above, and to restrain the defendant from prosecuting a case of unlawful detainer instituted against the plaintiff. Plaintiff recovered below and defendant appealed.

Plaintiff’s petition alleges, and .his evidence tends to prove about the following state of facts: That in April, 1898, and for several years prior thereto, defendant Engler owned and occupied a two-story building, being numbered 2838 Grand avenue, Kansas City. On the first floor…

2Cases cited3 opinions

  1. Scharff v. KleinMissouri Court of Appeals · 1887
  2. I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
  3. Miller v. HarperMissouri Court of Appeals · 1895

3Cited by3 opinions

  1. Schmidt v. RozierMissouri Court of Appeals · 1906
  2. Young & Branson v. LedfordMissouri Court of Appeals · 1903
  3. Henderich v. Kansas City, Ozark & Southern Railway Co.Missouri Court of Appeals · 1911

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