Sloan v. Paramore
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Eon. James E. Withrow, Judge. (1) An agreement to purchase real estate is as much within the Statute of Frauds as an agreement to sell it. Brown on Statute of Frauds, Sec. 263; Schlanker'v. Smith, 27 Mo. App. 516; Culligan v. Wingerter, 57 Mo. 241. And if suit for specific performance cannot be maintained neither can a suit for damages for a breach of the contract. Culligan v. Wengerter, 57 Mo. 241; Andrews v. Braughton, 78 Mo.
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Appeal from St. Louis City Circuit Court.— Eon. James E. Withrow, Judge. (1) An agreement to purchase real estate is as much within the Statute of Frauds as an agreement to sell it. Brown on Statute of Frauds, Sec. 263; Schlanker'v. Smith, 27 Mo. App. 516; Culligan v. Wingerter, 57 Mo. 241. And if suit for specific performance cannot be maintained neither can a suit for damages for a breach of the contract. Culligan v. Wengerter, 57 Mo. 241; Andrews v. Braughton, 78 Mo. App. 179; Lydick v. Holland, 83 Mo. 703. (2) The court misdirected the jury as to the measure of damages in the case. The…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff through the breach of a contract of partnership to share the profits in land. Plaintiff recovered and defendant prosecutes the appeal.
It appears plaintiff owned a certain lot of land in the city of St. Louis, situate at the southeast corner of Eugenia and Twenty-first streets, together with the building thereon. The property was encumbered by a deed of trust in favor of Nicholls, trustee, for the principal sum of $16,006. Considerable interest had accumulated on the deed of trust and, indeed, the note therein secured was more than a year past…
2Cases cited24 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Griffin v. . ColverNew York Court of Appeals · 1858
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Hammond v. BeesonSupreme Court of Missouri · 1892
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3Cited by8 opinions
- Purvis v. HardinSupreme Court of Missouri · 1938
- United Iron Works v. Twin City Ice & Creamery Co.Supreme Court of Missouri · 1927
- Hiatt Investment Co. v. BuehlerMissouri Court of Appeals · 1929
- Deu Friend v. McDermottMissouri Court of Appeals · 1952
- Minneapolis Threshing MacHine Co. v. BradfordMissouri Court of Appeals · 1921
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