Footwear Unlimited, Inc. v. Katzenberg, 683 S.W.2d 291 (1984)

Citation: Footwear Unlimited, Inc. v. Katzenberg, 683 S.W.2d 291 (1984)
Parent Document: Footwear Unlimited, Inc. v. Katzenberg, 683 S.W.2d 291 (1984)
Jurisdiction: Missouri (state)
Effective Date: 1984-12-18
Original Source: https://www.courtlistener.com/opinion/1755323/footwear-unlimited-inc-v-katzenberg/ ↗

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In its order granting Katzenberg’s motion for new trial on the grounds it erred in submitting Instruction No. 10, the trial court specified that the instruction was erroneous for the reason “it sought recovery under an agreement for lease of property which is unenforceable as being in violation of the Statute of Frauds, § 432.050, RSMo 1978.” Appellant argues that Footwear waived the defense because not only did Footwear fail to object to the introduction of evidence of the oral agreement but, in fact, presented evidence of the oral agreement and even introduced the written lease into evidence as part of its case in chief.

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