Heron v. Peisch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. W. M. Kinsey, Judge. (1) The court erred in sustaining the defendants’ demurrers because it clearly appears that plaintiff has performed her part of the verbal contract and it was therefore not within the Statute of Frauds and consequently enforceable in equity.
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Appeal from St. Louis City Circuit Court. — Hon. W. M. Kinsey, Judge. (1) The court erred in sustaining the defendants’ demurrers because it clearly appears that plaintiff has performed her part of the verbal contract and it was therefore not within the Statute of Frauds and consequently enforceable in equity. Pomeroy’s-Equity Jurisprudence (3 Ed.), sec. 1409; Sharkey v. Mc-Dermott, 91 Mo. 647. (2) And even though the deceased put it out of his power to perform the contract by conveying the land, still plaintiff is entitled to relief, especially where there is no remedy at law, as is the case…
1Opinion of the CourtFerriss, P. J.
Appeal from a judgment of the circuit court of the city of St. Louis sustaining a demurrer to the following petition:
“Plaintiff, for her first amended petition, states that the defendants are the sole heirs and devisees of one George Peisch, deceased, who departed this life on the 15th day of April, 1905, in the city of St. Louis, Missouri.
“Plaintiff, for cause of action, further states that at the age of seven o.r eight years she became a member of the family of the said George Peisch, deceased; that although not related to him by blood, she rendered to the said George Peisch'and his family…
2Cases cited2 opinions
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Lee v. HoweSupreme Court of Missouri · 1858
3Cited by4 opinions
- Wimer v. WagnerSupreme Court of Missouri · 1929
- Jewell Realty Co. v. DierksSupreme Court of Missouri · 1929
- Feigenspan v. PenceSupreme Court of Missouri · 1943
- Bealmear v. BeesonMissouri Court of Appeals · 1953