Legal Opinion

Evans v. Evans

Supreme Court of Missouri

Decided April 20, 1906PublishedCited by 16 opinions

Appeal from Cass Circuit Court.—Hon. Wm. L. Jarrott, Judge. (1) The contract sued on was not procured by fraudulent misrepresentation of values. It was open and fair. (2) At the time of the making of the contract of sale defendants were not relying on the plaintiff. (3) Mere inadequacy of consideration constitutes no defense to a hill for specific performance. Harrison v. Town, 17 Mo. 237; Seymour v. Delaney, 3 Cowen 505 ; Osgood v. Franklin, 2 Johns.

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Appeal from Cass Circuit Court.—Hon. Wm. L. Jarrott, Judge. (1) The contract sued on was not procured by fraudulent misrepresentation of values. It was open and fair. (2) At the time of the making of the contract of sale defendants were not relying on the plaintiff. (3) Mere inadequacy of consideration constitutes no defense to a hill for specific performance. Harrison v. Town, 17 Mo. 237; Seymour v. Delaney, 3 Cowen 505 ; Osgood v. Franklin, 2 Johns. Ch. 124; Lee v. Kirby, 104 Mass. 424; Park v. Johnson, 4 Allen 266; Fry on Spec. Performance, sec. 280; "Waterman v. Waterman, 27 Fed. 827;…

1Opinion of the CourtLamm, J.

On the 23d of October, 1899, Thomas D. Evans, then childless, died a resident of Cass county, Missouri, full of years and infirmities of mind and body, having shortly theretofore conveyed a considerable estate to his wife. By inference, he was a Welshman — at any rate, he left surviving him a brother, *8D. J. Evans (appellant here), and a sister, Mary Thomas, residents of Wales, and two nephews, Daniel and Charles William Evans (respondents here), sons of a deceased brother, residents of the city of New York. Daniel Evans was thirty-one years of age and married; Charles William was twenty-nine…

2Cited by16 opinions

  1. Simpson v. GreenTexas Commission of Appeals · 1921
  2. Koehler v. RowlandSupreme Court of Missouri · 1918
  3. Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
  4. Kregain v. BlakeSupreme Court of Missouri · 1922
  5. McCullough v. NewtonSupreme Court of Missouri · 1961

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