Randolph v. Wheeler
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Eon. Jno. P. Butler, Judge. The demurrer to plaintiff’s petition should have been sustained. It alleges that Wheeler agreed with Thomas Darrell that he would buy the land in question from Edward Darrell. Edward Darrell did not agree to sell to "Wheeler or to any one, and was not bound by the contract in any manner, to do anything.
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Appeal from Chariton Circuit Court. — Eon. Jno. P. Butler, Judge. The demurrer to plaintiff’s petition should have been sustained. It alleges that Wheeler agreed with Thomas Darrell that he would buy the land in question from Edward Darrell. Edward Darrell did not agree to sell to "Wheeler or to any one, and was not bound by the contract in any manner, to do anything. The petition shows on its face that he not only did not ratify the contract, but that if he had any knowledge of it at all, he repudiated it by selling the land to plaintiff. At all events he voluntarily put it out of his power…
1Opinion of the CourtFox, J.
This is a suit brought by respondent, Anna Randolph, to the February term, 1902, of the circuit court of Chariton county, Missouri, at Salisbury, against the appellant, Wm. N. Wheeler, for the specific performance of a written contract for the sale of forty acres of land situated in Chariton county. The petition which is set out in full in appellant’s abstract of the record, contains an exact copy of the contract sued on. At the February term, 1902, of said court, the appellant filed a general demurrer to said petition, alleging as ground of objection thereto, that said petition did not state…
2Cases cited1 opinion
- Hagman v. ShaffnerSupreme Court of Missouri · 1885
3Cited by9 opinions
- Simons v. WittmannMissouri Court of Appeals · 1905
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Anable v. McDonald Land & Mining Co.Missouri Court of Appeals · 1910
- Boyd v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1928
- Lenman v. JonesCourt of Appeals for the D.C. Circuit · 1909
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