Ringer v. Holtzclaw
Supreme Court of Missouri
Error to Linn Circuit Court. — Hon. Gh D. Burgess, Judge. ' The memorandum of the contract is sufficient. It does not purport to be a complete expression of the entire contract. The matter omitted may be supplied by parol evidence. O’Niel v. Crain, 67 Mo. 250; Lash v. Parlin, 78 Mo. 391; Ellis v. Bray, 79 Mo. 227; Hollins v. Claybrook, 22 Mo. 407; Mass v. Green, 41 Mo. 389; 1 Grreenleaf on Evidence [10 Ed.] see. 284a. The memorandum was insufficient.
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Error to Linn Circuit Court. — Hon. Gh D. Burgess, Judge. ' The memorandum of the contract is sufficient. It does not purport to be a complete expression of the entire contract. The matter omitted may be supplied by parol evidence. O’Niel v. Crain, 67 Mo. 250; Lash v. Parlin, 78 Mo. 391; Ellis v. Bray, 79 Mo. 227; Hollins v. Claybrook, 22 Mo. 407; Mass v. Green, 41 Mo. 389; 1 Grreenleaf on Evidence [10 Ed.] see. 284a. The memorandum was insufficient. All the essential elements of the agreement must appear from it. Williams v. Morris, 95 U. S. 444; Scarrett v. Church, 7 Mo. App. 174; Schroder…
1Opinion of the CourtGantt, P. J.
This is a suit to enforce specific performance of an alleged contract for the sale and purchase of lots 7, 8, 9 and 10, in block 184, in the town of Marceline, Linn county.
Plaintiff alleged that defendant had paid $25 on the trade and owed $975, and that a memorandum of the agreement was reduced to writing and signed by defendant.
The defense was a general denial, statute of frauds, and a verbal contract, whereby defendant averred he had an option on said lots to be taken or declined on April 2, 1888; that if he accepted them plaintiff was to furnish a satisfactory abstract and deliver a good…
2Cases cited13 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Williams v. MorrisSupreme Court of the United States · 1877
- Grafton v. CummingsSupreme Court of the United States · 1879
- North & Co. v. Mendel & BrotherSupreme Court of Georgia · 1884
- Lee v. HillsIndiana Supreme Court · 1879
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3Cited by56 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Boyd v. PaulSupreme Court of Missouri · 1894
- Moss v. FitchSupreme Court of Missouri · 1908
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
51 more not listed; retrieve them via the Exa API.