Swafford v. Spratt
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. W. K. Jcumes, .Judge. (1) The demurrer to the evidence should have been given, first because there was no delivery; second, because there was no acceptance. Cunningham v. Ashbroot, 20 Mo. 553; Emmel v. Hayes, 102 Mo. 186; Wainscott v. Kellogg, 84 Mo. App. 621; Vincent v. Veitlis, 60 Mo. App. 9. (2) The contract, not having been in writing, was void, because of the statute of frauds. Growing crops are within the above rule.
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Appeal from Buchanan Circuit Court. — Hon. W. K. Jcumes, .Judge. (1) The demurrer to the evidence should have been given, first because there was no delivery; second, because there was no acceptance. Cunningham v. Ashbroot, 20 Mo. 553; Emmel v. Hayes, 102 Mo. 186; Wainscott v. Kellogg, 84 Mo. App. 621; Vincent v. Veitlis, 60 Mo. App. 9. (2) The contract, not having been in writing, was void, because of the statute of frauds. Growing crops are within the above rule. State v. Durant, 69 Mo. App. 390; Palmer v. Elsberry, 79 Mo. App. 570; Wainscott v. Kellogg, 84 Mo. A]3p. 621. (3) The first…
1Opinion of the CourtSmith, P. J.
This is an action which was begun before a justice of the peace, on an account which contained the following items:
Plowing 11 acres of land at $1.00 per acre.$ 11.00
Selling growing wheat, 32 1-5 acres by plaintiff to defendant at $6.00 per acre 193.20
Eor sowing clover, about 20 acres...... 20.00
In all the sum of.....................$224.20
The cause was removed by appeal to the circuit court where the plaintiff had judgment and defendant appealed.
The evidence tends to prove about this state of facts, viz.: That the plaintiff had for several years rented of defendant a certain farm know as the…
2Cases cited7 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Emmel v. HayesSupreme Court of Missouri · 1890
- Cunningham v. AshbrookSupreme Court of Missouri · 1855
- Smock v. SmockMissouri Court of Appeals · 1889
- Glass v. Blazer Bros.Missouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lakeview Gardens, Inc. v. State Ex Rel. SchneiderSupreme Court of Kansas · 1976
- Simmons v. WillifordSupreme Court of Florida · 1910
- Galemore v. Mid-West National Fire & Casualty Insurance Co.Missouri Court of Appeals · 1969
- Daniels v. StateCourt of Appeals of Texas · 1984
- Doyle v. DoyleMissouri Court of Appeals · 1978
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