Galway v. Shields
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. This was an action for the value of goods sold and delivered by respondents to appellant. The goods were delivered in pursuance of a verbal contract, by which payment therefor was to be made in certain real estate in the city of St. Louis, at a specific valuation, to be conveyed to respondents by appellant. A proper deed of the real estate had been executed and tendered to respondents, but was by them refused.
Read the full summary
Appeal from St. Louis Court of Appeals. This was an action for the value of goods sold and delivered by respondents to appellant. The goods were delivered in pursuance of a verbal contract, by which payment therefor was to be made in certain real estate in the city of St. Louis, at a specific valuation, to be conveyed to respondents by appellant. A proper deed of the real estate had been executed and tendered to respondents, but was by them refused. The cause was tried by one of the judges of the St. Louis circuit court without a jury, and judgment was rendered in favor of respondents for the…
1Opinion of the CourtIiousH, J.
— The only question presented by the record in this ease is, whether a person who has paid money or property, upon a verbal contract for the purchase of lands, can maintain an action to recover back the money or the value of the property so paid, although the vendor of the land, to whom the money or property has been paid, is willing to execute the contract on his part.
This question was decided by the Court of Appeals in the affirmative. We do not controvert the doctrine on which that court founded its opinion, that the payment of the purchase money is not such part performance as will take a…
2Cases cited5 opinions
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Shaw v. ShawSupreme Court of Vermont · 1834
- Collier v. CoatesNew York Supreme Court · 1854
- Richards v. AllenSupreme Judicial Court of Maine · 1840
- McDonald v. LynchSupreme Court of Missouri · 1875
3Cited by13 opinions
- Johnson v. Puget Mill Co.Washington Supreme Court · 1902
- Reedy v. EbsenSouth Dakota Supreme Court · 1932
- Cozad v. ElamMissouri Court of Appeals · 1905
- Frey v. StanglSupreme Court of Iowa · 1910
- Cook v. GriffithWest Virginia Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.