Ivory v. Murphy
Supreme Court of Missouri
Appeal from, St. Louis Land Court. I. The agreement being signed by Murphy alone is sufficient to charge him ; for, 1. The express words of the statute are that it need only be signed by the party to be charged. (R. C. 1855, p. 807.) 2. Such has been the almost uniform decision as to the true construction of the statute. (Clason y.
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Appeal from, St. Louis Land Court. I. The agreement being signed by Murphy alone is sufficient to charge him ; for, 1. The express words of the statute are that it need only be signed by the party to be charged. (R. C. 1855, p. 807.) 2. Such has been the almost uniform decision as to the true construction of the statute. (Clason y. B.ailey, 14 Johns. 484 ; Matter of Hunter, 1 Ed., Oh. 1; McOrea v. Purvent, 16 Wend. 460; Woodward v. Harris, 8 Sand. 272; Pennenaan v. Hartshorn, 13 Mass. 87 ; Old Colony R R. Co. y. Evans, 6 Gray, 25; Plight v. Bolland, 4 Russ. 298 ; Brown, Stat. Frauds, §§…
1Opinion of the CourtWagner, Judge
Plaintiff commenced his suit for specific performance, in the Land Court of St. Louis county, on the following instrument : ,
“ St. Louis, May 17, 1859. I have this day purchased of John C. Ivory, for the sum of $25,000, the land in the Carondelet common field, known as blocks 61, 62 and 63, in survey numbered one hundred, and the western one-half of survey No. 98 of said common fields, and being known as a 30 and a 20 arpent tract; $6,000 to be cash, and the balance to be divided into eight payments, first at 3-) months, and the remaining seven every six months thereafter, and bearing 6 per…
2Cases cited5 opinions
- Halsa v. HalsaSupreme Court of Missouri · 1843
- McGowen v. WestSupreme Court of Missouri · 1842
- Farrar v. PattonSupreme Court of Missouri · 1854
- King v. WoodSupreme Court of Missouri · 1842
- Tramell v. AdamSupreme Court of Missouri · 1828
3Cited by11 opinions
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Kludt v. ConnettSupreme Court of Missouri · 1943
- Lusco v. TavitianSupreme Court of Missouri · 1956
- Kansas City v. O'ConnorMissouri Court of Appeals · 1900
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