O'Fallon v. Clopton
Supreme Court of Missouri
Appeal from Bt. Louis Court of Appeals. (1) This case is not governed by Miltenberger v. Morrison, 39 Mo. 71, relied upon by respondent. The-agreement made by Mr. Carter as to the bidding in of the property at the trustee’s sale, having been acted upon by appellant to his detriment before the day of. sale, and by Carter at and after the sale, is not within the-statute of frauds.
Read the full summary
Appeal from Bt. Louis Court of Appeals. (1) This case is not governed by Miltenberger v. Morrison, 39 Mo. 71, relied upon by respondent. The-agreement made by Mr. Carter as to the bidding in of the property at the trustee’s sale, having been acted upon by appellant to his detriment before the day of. sale, and by Carter at and after the sale, is not within the-statute of frauds. Baker v. Halligan, 75 Mo. 435; Gillespie v. Stone, 70 Mo. 505. (2) Prank Carter, the trustee, was also the managing agent for the cestui que trust, and his conduct should be watched with closer scrutiny than that of a…
1Opinion of the CourtNobton, J.
This suit is founded upon a promissory note executed by defendant and B. B. Clopton, his wife,' not sued herein. It is averred in the petition that the defendant and his wife executed a deed of trust conveying to one Carter, as trustee, certain real estate to secure *288the payment of said note, and that, in pursuance of the power therein given, the trustee sold the property for $789.78, which was applied as a credit on the note, and judgment was asked for the remainder. The defendant filed an answer in the nature of a cross-bill, which, after-admitting the execution of the note and deed of…
2Cases cited6 opinions
- Butler v. LawsonSupreme Court of Missouri · 1880
- Rose v. BatesSupreme Court of Missouri · 1848
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- Hayden's Executors v. MarmadukeSupreme Court of Missouri · 1854
- Gillespie v. StoneSupreme Court of Missouri · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Zeitinger v. Hargadine-Mckittrick Dry Goods Co.Supreme Court of Missouri · 1923
- Thierry v. ThierrySupreme Court of Missouri · 1923
- Richardson v. ChampionSupreme Court of Missouri · 1898
- Hilton v. City of St. LouisSupreme Court of Missouri · 1889
- Phillips v. JacksonSupreme Court of Missouri · 1912
5 more not listed; retrieve them via the Exa API.