Roth v. Goerger
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The statutes of fraud may be waived, and, therefore, to take advantage thereof it must be pleaded. McGowen v. West, 7 Mo. 570; Farrar v. Patton, 20 Mo. 81; Aultman v. Booth, 95 Mo. 383. (2) Bunte having purchased with knowledge of previous sale, is not a purchaser in good faith, and stands in no better position than Goerger.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The statutes of fraud may be waived, and, therefore, to take advantage thereof it must be pleaded. McGowen v. West, 7 Mo. 570; Farrar v. Patton, 20 Mo. 81; Aultman v. Booth, 95 Mo. 383. (2) Bunte having purchased with knowledge of previous sale, is not a purchaser in good faith, and stands in no better position than Goerger. Maybee v. Moore, 90 Mo. 340. (3) A principal, by ratifying and confirming the acts of his agent, adopts them and makes them his own from the beginning. Savings Association v. Morrison, 48 Mo. 273;…
1Opinion of the CourtBbace, J.
This is an action for the specific performance of the following contract in writing, copied into and made a part of the petition:
“St. Louis, July 28,1890.
“Received of Eugene Lingenfelder, agent, the sum of one hundred dollars earnest money on account of the purchase of lots 1, 2, 3, 4, 5, and east 20 feet of lot No. 6 of block No. 455, south of the city of St. Louis, Mo., fronting 144 feet on south line of Papin street, by 127 feet 6 inches in depth. Sold for the sum of sixty-five dollars per front foot, title to be perfect or earnest money refunded, the purchaser agrees to pay 1890 and 1891…
2Cases cited2 opinions
- Hawkins v. McGroartySupreme Court of Missouri · 1892
- Galway v. ShieldsMissouri Court of Appeals · 1876
3Cited by10 opinions
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- I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
- Johnson v. FechtSupreme Court of Missouri · 1904
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