Section 3.33 Kind of Writing Required

LibraryContracts 2016 Supp

6. (§3.33) Kind of Writing Required

“To satisfy the Statute of Frauds, all the elements of the agreement must be contained in the written contract. Those elements are ‘First, the parties; Second, the subject matter; Third, the consideration.’” Rosenberg v. Gas Serv. Co., 363 S.W.2d 20, 26 (Mo. App. W.D. 1962) (citations omitted). For example, the contract must contain the price term. Wheeler v. Blanton, 253 S.W.2d 497 (Mo. App. E.D. 1952). It must also fix the time for performance. Campbell v. Sheraton Corp. of Am., 253 S.W.2d 106 (Mo. 1952). The parties must be named. Weber v. Collins, 41 S.W. 249 (Mo. 1897). The subject matter of the contract must be described. In Wheeler, 253 S.W.2d at 499, the court held that no single document was necessary and that to “the contrary, two or more writings properly connected may be considered together, and elements missing or uncertain in one may be supplied or rendered certain by another, and their sufficiency will depend upon whether, taken together, they meet the requirements of the statute as to...

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