Frissell v. Williams
Missouri Court of Appeals
Appeal from Bollinger Circuit Court. — Hon. James D. Fox, Judge. Plaintiff bases his right to recover on an original verbal promise of defendants. There is no pretense nor claim that they promised in writing; so that feature, introduced by defendants, is eliminated from the case. The evidence of both plaintiff and defendants shows a promise by defendants in their individual capacity, and that plaintiff looked alone to the individuals.
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Appeal from Bollinger Circuit Court. — Hon. James D. Fox, Judge. Plaintiff bases his right to recover on an original verbal promise of defendants. There is no pretense nor claim that they promised in writing; so that feature, introduced by defendants, is eliminated from the case. The evidence of both plaintiff and defendants shows a promise by defendants in their individual capacity, and that plaintiff looked alone to the individuals. When the promise is original no writing is necessary, the case is not wifhin the statute (of frauds) and defendants are liable. Browne on Statute of Erauds (5…
1Opinion of the CourtBland, P. J.
The material allegations of the petition are as follows:
“That defendants, on August — 1895, and at the date of the institution of this suit,.were duly appointed, qualified and acting directors of the St. Erancis Levee District of Missouri, which directors are a body politic and corporate, under the name and style of “The Board of Directors of the St. Erancis Levee District of Missouri,” and which said body corporate and levee district was created under and by virtue of an act of the General Assembly of the State of Missouri, found at pages 200 to 209 inclusive of the laws of Missouri, passed…
2Cases cited9 opinions
- Morrison v. MoreySupreme Court of Missouri · 1898
- Barker v. ScudderSupreme Court of Missouri · 1874
- Bissig v. BrittonSupreme Court of Missouri · 1875
- Glenn v. LehnenSupreme Court of Missouri · 1873
- Gill v. ReedMissouri Court of Appeals · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Swarens v. PfniselSupreme Court of Missouri · 1930