Ellis v. Eagle-Picher Lead Co.

Citations

• 116 Kan. 144
• 225 P. 1072
• 1924 Kan. LEXIS 35

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale op Personal Property — Oral Contract — Contract Valid Where Made— Governed by the Lex Loci Contractu. An oral contract for the sale of personal property, valid in the state where made, and not repugnant to the laws of the state where the contract was sought to be enforced, is binding on the vendee, although the contract was invalid under the statute of frauds of the state where the personal property was located and where presumably it was to be delivered by the vendor.</p> <p>2. Same — Personal Property in Oklahoma — Valid Oral Contract oj Sale Made in Kansas — Contract Invalid in Oklahoma — Contract Enforceable in Kansas. By an oral contract, made in Kansas, plaintiff agreed to sell and defendant agreed to buy a quantity of zinc ore piled at a mine in Oklahoma, at an agreed price of $398. Defendant breached the contract and defended on the ground that such a contract, not being in writing and nothing paid on it and nothing delivered pursuant to its terms, was invalid under the Oklahoma statute of frauds. Held, the contract being valid in Kansas, the plaintiff may recover the purchase price in a Kansas court of competent jurisdiction.</p>