Legal Opinion

Briar v. Robertson

Missouri Court of Appeals

Decided October 26, 1885PublishedCited by 8 opinions

Appeal from Liviugston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This suit originated before a justice of the peace.

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Appeal from Liviugston Circuit Court, Hon. James M. Davis, Judge. Statement of case by the court. This suit originated before a justice of the peace. An appeal having been taken to the cirpuit court, the case was there tried on the following stipulations and agreed statement oí facts: “In the trial of this case the following shall be taken as all the facts, and the court shall decide it upon them alone, to-wit: “That in January, A. D. 1882, defendant agreed to rent to plaintiff a tract of land in C-frand River township, in Livingston county, Missouri, for a term of one year, to commence March…

1Opinion of the CourtHall, J.

This case involves the construction of section 2513, Revised Statutes of 1879, which, so far as relates to this case, is as follows: “No action shall be brought to charge * * * any person upon any contract for the sale of lands, tenements, or hereditaments, or an interest in or concerning them, or any lease thereof, for a longer time than one year ; or upon any agreement that is not to be performed within one year from the making thereof; unless the agreement * * * shall foe in writing.”

The single question in the case is, is a verbal lease for one year valid, or invalid, under this section,…

2Cases cited2 opinions

  1. Wheeler v. Frankenthal & Bro.Illinois Supreme Court · 1875
  2. Sharp v. RhielSupreme Court of Missouri · 1874

3Cited by8 opinions

  1. Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
  2. Jellett v. RhodeSupreme Court of Minnesota · 1890
  3. Beiler v. DevollMissouri Court of Appeals · 1890
  4. Cook v. RedmanMissouri Court of Appeals · 1891
  5. Womach v. JenkinsMissouri Court of Appeals · 1908

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