Hook v. Turner
Supreme Court of Missouri
jError to Calloway Circuit Court. Petition for the specific performance of a contract to convey a portion of land purchased by the defendant at a sale, alleged in the petition to have been made at the court-house door in the town of Eulton for the purpose of distribution among the heirs of Elijah Dawson, deceased.
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jError to Calloway Circuit Court. Petition for the specific performance of a contract to convey a portion of land purchased by the defendant at a sale, alleged in the petition to have been made at the court-house door in the town of Eulton for the purpose of distribution among the heirs of Elijah Dawson, deceased. The petition stated that the plaintiff and defendant both wanted a part of the land to be sold, and that it was agreed between them before the sale, that they would run the land up to a certain price, and that defendant should bid in the land in his own name, and should afterwards…
1Opinion of the CourtRyland, Judge
There are two objections to the relief sought by the plaintiff in this action, both fatal to his right of recovery. In the first place, the contract as set forth in the plaintiff’s petition is a verbal contract, not reduced to writing; nor is there any memorandum or note thereof in writing, signed by any one; it is a verbal contract respecting the sale of land : at least, it is of and concerning an interest in land. It is clearly within the statute of frauds and perjuries. The defendant- denies the alleged contract in his answer. He expressly states that there never was such a contract…
2Cases cited3 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Wooton v. HinkleSupreme Court of Missouri · 1855
3Cited by17 opinions
- Feeney v. HowardCalifornia Supreme Court · 1889
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Allen v. RichardSupreme Court of Missouri · 1884
- Hurt v. FordSupreme Court of Missouri · 1898
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