Carter v. Western Tie & Timber Co.
Missouri Court of Appeals
Appeal from Wright County Circuit Court. — How. C. H. Skinker, Judg:e. (1) The contract declared on is within the Statute of Frauds. R. S. 1909, sec. 2784. (2) Parol evidence cannot be received to prove such .a contract, as all its terms must be proven by written evidence. Moore v. Mountcastle, 61 Mo. 425 ; Cash v. Clark, 61 Mo. App. 640; Leesley v. Fruit Co., 162 Mo. App. 202; Smith v. Schell, 82 Mo. 218; Reigart v. Coke Co., 217 Mo. 154; Darnell v. Lafferty, 113 Mo.
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Appeal from Wright County Circuit Court. — How. C. H. Skinker, Judg:e. (1) The contract declared on is within the Statute of Frauds. R. S. 1909, sec. 2784. (2) Parol evidence cannot be received to prove such .a contract, as all its terms must be proven by written evidence. Moore v. Mountcastle, 61 Mo. 425 ; Cash v. Clark, 61 Mo. App. 640; Leesley v. Fruit Co., 162 Mo. App. 202; Smith v. Schell, 82 Mo. 218; Reigart v. Coke Co., 217 Mo. 154; Darnell v. Lafferty, 113 Mo. App. 288. (3) There was no such delivery and acceptance as would satisfy the statute. Sotham v. Weber, 116 Mo. App. 108;…
1Opinion of the CourtSturgis, J.
Plaintiff sues to recover $117.50 as damages for defendant’s refusal to take and pay for certain timber which plaintiff manufactured and delivered at the place designated by defendant for that purpose. The timber was sawed and delivered at the *526railroad switch at Mt. Grove, Missouri, under the following written memoranda of the contract entered into by these parties: “Horace Paul, Inspector. Mansfield, Mo. Railway Ties, Piling, Car and Track Oak. Western Tie & Timber Company, 905 Syndicate Trust Bldg., St. Louis. Mansfield, Mo., Feb. 13, 1913. Mr. Jerry L. Carter, R. D. No. 8, Mountain Grove,…
2Cases cited11 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
- Cunningham v. AshbrookSupreme Court of Missouri · 1855
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3Cited by10 opinions
- Kludt v. ConnettSupreme Court of Missouri · 1943
- Vess Beverages, Inc. v. The Paddington Corporation, Morgan Furze, Ltd.Court of Appeals for the Eighth Circuit · 1991
- Jacobs v. DancigerSupreme Court of Missouri · 1931
- Reynolds v. Omaha General Iron WorksNebraska Supreme Court · 1920
- Shortridge v. GhioMissouri Court of Appeals · 1952
5 more not listed; retrieve them via the Exa API.