Leahey v. Leahey
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. Where one party has completely performed his part of an agreement, the other party cannot plead the statute of frauds, if he has accepted and received the benefit of such performance. —McConnell v. Braynor, 63 Mo. 464; Sugget v. Cason, 26 Mo. 225; Self v. Cordell, 45 Mo. 346 ; Townsend v. Hawhins, 45 Mo. 288; Wright v. Tinsley, 30 Mo. 399; Guyton v. Guyton, 47 Mo. 47; Sutton v. Hayden, 62 Mo. 102; Rhodes v. Outcalt, 48 Mo.…
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Appeal from the St. Louis Circuit Court, Lindley, J. Where one party has completely performed his part of an agreement, the other party cannot plead the statute of frauds, if he has accepted and received the benefit of such performance. —McConnell v. Braynor, 63 Mo. 464; Sugget v. Cason, 26 Mo. 225; Self v. Cordell, 45 Mo. 346 ; Townsend v. Hawhins, 45 Mo. 288; Wright v. Tinsley, 30 Mo. 399; Guyton v. Guyton, 47 Mo. 47; Sutton v. Hayden, 62 Mo. 102; Rhodes v. Outcalt, 48 Mo. 367 ; Lee v. Howe, 27 Mo. 524. Payment is not performance or part performance so as to take the case out of the statute…
1Opinion of the CourtBakewell, J.
The petition alleges that the defendants James and Mary Ann Leahey are husband and wife; that on May 6, 1878, one Gray, in consideration of $1,800, conveyed to defendants James and Mary Ann certain real estate described, upon which defendant James afterwards erected certain houses, at a cost of $4,000; that afterwards James and Mary Ann Leahey, in September, 1878, conveyed the property to defendant Uhlman, to secure a note of $2,300, representing money borrowed by James Leahey to erect these improvements ; that before the date of Gray’s deed, plaintiff owned United States bonds worth $1,400;…
2Cases cited1 opinion
- Galway v. ShieldsMissouri Court of Appeals · 1876
3Cited by1 opinion
- Lewis v. LeaheyMissouri Court of Appeals · 1884