101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Contract Writings: Statute of Frauds Waiver

The Statute of Frauds requires that certain contracts be in writing to be enforceable or entertained. Generally, the Statute of Frauds in Missouri applies to (1) agreements not to be performed within a year, (2) contracts involving land, and (3) marriage. Section 432.010, RSMo. There are a few ways to circumvent the writing requirement, such […]

Read More

Oral Partnership Agreements

It is important to get it in writing, especially when it comes to business ventures. Contrary to popular belief, it is possible for a business partnership to exist without a writing saying so. If a court determines that a partnership exists, then this means that the partners owe each other a host of fiduciary duties. […]

Read More

Constructive Fraud, Statute of Frauds

The statute of frauds generally requires that certain types of contracts be in writing. There are, however, certain exceptions to this rule, many of which stem from the aim to prevent further fraud. In other words, the statute of frauds exists so as to prevent certain contracts from being enforced unless they are in writing, […]

Read More

Oral Gifts of Real Estate

In general, one obtains title and ownership of real property by deed in Missouri (e.g., quitclaim deed, general warranty deed, beneficiary deed, special warranty deed, trustee deed, etc.). There are situations, however, when one can obtain title to real property without a traditional deed . Adverse possession is a prominent example of this. Another less […]

Read More

Oral Contracts, Partial Performance, Statute of Frauds

Many types of contracts have to be in writing and signed by the party sought to be charged to be enforceable in Court. Examples of such contracts include agreements for an interest in real estate and contracts that take longer than one (1) year to complete. Frequently, individuals will try to make claims for breach […]

Read More

UCC Statute of Frauds: Merchants & Signature

The statute of frauds requires that certain types of contracts be in a writing signed by the party sought to be charged. The general rules regarding the statute of frauds differ when the contract involves merchants and pertains to the sale of goods. When only one party is a merchant, and the contract for the […]

Read More

Contract Amendments Need to be in Writing?

Although most attorneys shrink away in terror when hearing that a supposedly breached contract was oral, MO law does honor certain oral contracts. Under the statute of frauds in Missouri, contracts generally must be in writing if they relate to (1) contracts which take in excess of a year to complete, (2) contracts for marriage, […]

Read More

Statute of Frauds — When Contracts Need to be in Writing

When do contracts need to be in writing? Under Missouri law, the answer lies in statutory section 432.010: No action shall be brought to charge any executor or administrator, upon any special promise to answer for any debt or damages out of his own estate, or to charge any person upon any special promise to […]

Read More

Missouri Contract Attorney/Lawyer

Contracts are private agreements entered into by two or more parties with the intention of creating legally binding obligations. Although contracts can be made orally, certain contracts must be in writing if they are to be honored or interpreted by a court (e.g., contracts for the sale of land). Breach of contract occurs when a […]

Read More