Mo. Rev. Stat. » Chapter 432
Missouri Revised Statutes

Mo. Rev. Stat. § 432.040 (2026)

Representations of credit to be in writing

✓ current as of May 2026
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  432.040.  Representations of credit to be in writing. — No action shall be brought to charge any person upon or by reason of any representation or assurance made concerning the character, conduct, credit, ability, trade or dealings of any other person, unless such representation or assurance be made in writing, and subscribed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.

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(RSMo 1939 § 3357)

Prior revisions: 1929 § 2970; 1919 § 2172; 1909 § 2785

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1977–2021 · leading case: Big A LLC v. Lindworth Investments, LLC, 458 S.W.3d 340 (Mo. Ct. App. 2014).
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Big A LLC v. Lindworth Investments, LLC, 458 S.W.3d 340 (Mo. Ct. App. 2014). · cites it 23× “On appeal, Lindworth and Vo-gel claim that the trial court erred in granting summary judgment to Big A because section 432.040 1 does not apply to *341 the fraudulent misrepresentations that Lindworth and Vogel allege to have been made by Big A’s predecessor in interest and upon…”
Big v. Vogel, 561 S.W.3d 28 (Mo. Ct. App. 2018). · cites it 2× “In so doing, the trial court found that Vogel's affirmative defenses were precluded by the statute of frauds provisions in § 432.040. 6 The trial court entered judgment for Big A in the amount of $369,309.”
Brock & Davis Co., Inc. v. Charleston Nat. Bank, 443 F. Supp. 1175 (S.D.W. Va 1977). “135]; Mo.Rev.Stat. § 432.040 (1969); Mont.Rev. Codes Ann.”
Montello Oil Corp. v. Apex Oil Co., 571 F. Supp. 389 (E.D. Mo. 1983). · cites it 2× “NOTES [1] Mo.Rev.Stat. § 432.040 (1978) provides as follows: No action shall be brought to charge any person upon or by reason of any representation or assurance made concerning the character, conduct, credit, ability, trade or dealings of any other person, unless such…”
J M Smith Corp. v. The Bank of Missouri (W.D. Mo. 2021). · cites it 2× “Missouri’s Statute of Frauds provides that: No action shall be brought to charge any person upon or by reason of any representation or assurance made concerning the character, conduct, credit, ability, trade or dealings of any other person, unless such representation or…”
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