Shelby’s, Inc. v. Sierra Bravo, Inc
Bravo Company#1, and Shelby Company#2., entered into a
written “Waste Disposal Agreement” under which Shelby’s allowed Bravo
to deposit on Shelby’s land waste products, deleterious (harmful) materials,
and debris removed by Bravo in the construction of a highway. Later, Shelby’s
asked Bravo why it had not constructed a waterway and a building pad suitable
for a commercial building on the property, as they had orally agreed. Bravo
denied any such agreement. Shelby’s filed a suit in a Missouri state court
against Bravo, alleging breach of contract. Bravo contended that any oral agreement
was unenforceable under the Statue of Frauds. Bravo argued that because of the
right to remove minerals from land is considered a contract of the sale of an
interest in land to which the Statute of Fraud applies, the Statute of Frauds
should apply to the right to deposit soil on another person’s property. How
should the court rule, and why?
ScholarMatic: Explanation & Answer
Your ready answer from a verified tutor is just a click away for as little as $14.99
Click Order Now to get 100% Original Answer Customized to your instructions!
