Donovan v. P. Schoenhofen Brewing Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Ho». A. M. Woodson, Judge. (1) The court erred in refusing a demurrer to the evidence. Donovan v. Schoenhofen Brewing Co., 92 Mo. App. 314; Rucker v. Harrington, 52 Mo.
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Appeal from Buchanan Circuit Court. — Ho». A. M. Woodson, Judge. (1) The court erred in refusing a demurrer to the evidence. Donovan v. Schoenhofen Brewing Co., 92 Mo. App. 314; Rucker v. Harrington, 52 Mo. App. 481; Smith v. Shell, 82 Mo. 215; Ringer v. Holtzclaw, 112 Mo. 519; Hall v. Soule, 11 Mich. 494; Fowler v. Lewis, 10 Ky. 443; Tuttle v. Swett, 31 Me. 555; Jackson v. Telephone Exchange, 34 S. E. 207; Wright v. Raftree, 54 N. E. 998. (2) In order to satisfy the statute of frauds it was necessary that the memorandum should contain all of the terms of the agreement — not only the the…
1Opinion of the CourtEllison, J.
This case was here on a former appeal and will be found reported in 92 Mo. App. 341, where a full statement of the case may be found.
The action is bn an agreement for. a lease of certain real property in St. Joseph, Missouri. We held on the former appeal that an agreement for a lease for more than one year must be in writing. Defendant now contends that the memoranda must contain all the es*429sential terms of the lease and that it can not be pieced ont by parol, citing Ringer v. Holtzclaw, 112 Mo. 519, and Rucker v. Harrington, 52 Mo. App. 481. And that the evidence in the case showed that the…
2Cases cited7 opinions
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Nelson v. BrownSupreme Court of Missouri · 1897
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
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3Cited by4 opinions
- Westport Lumber Co. v. HarrisMissouri Court of Appeals · 1908
- Kimack v. AdamsMissouri Court of Appeals · 1996
- Ver Steeg v. M. Longo Fruit Co.Missouri Court of Appeals · 1911
- Dairyland County Mutual Ins. Co. of Texas v. MasonCourt of Appeals of Texas · 1970