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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gee v. Nieberg, 501 S.W.2d 542 (1973)

Citation
Gee v. Nieberg, 501 S.W.2d 542 (1973)
Parent Document
Gee v. Nieberg, 501 S.W.2d 542 (1973)
Jurisdiction
Missouri (state)
Effective Date
1973-10-30

Full Text

970 chars
Inasmuch as the one-year lease agreement between the parties was entered into on July 18, 1969, and was to begin August 1, 1969, it is obvious that the agreement itself extended for a period longer than one year. Pursuant to our statutes such an agreement, in order to be taken out of the ambit of the statute of frauds provision, must extend for one year or less. Consequently, the written lease was required by § 432.010, RSMo 1969, V.A.M. S., to be in writing for an action to be brought thereon. And as contended by defendant, we agree that the general rule, where the original contract is required by the statute of frauds to be in writing, is that it may not be modified or varied by a subsequent oral agreement. Walker v. Overland Auto Co., 191 S.W. 1061 (Mo.App.1917); Rosenberg v. Gas Service Company, 363 S.W.2d 20 (Mo.App.1962); accord where oral modification executory, Northmoor Estates, Inc. v. Board of Education, School Dist. 108, 56 Ill.App.2d 491, *545