Reynolds v. Reynolds
Missouri Court of Appeals
Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The petition states no cause of action. R. S., sec. 2039. (2) The objection to the introduction of any evidence at the commencement of the trial should have been sustained. The answer denies the contract, or that it ever existed, and, under this general denial, it is competent to show that the contract was conditional, and not fulfilled. Stewart v. Goodrich, 9 Mo.
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Appeal from the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The petition states no cause of action. R. S., sec. 2039. (2) The objection to the introduction of any evidence at the commencement of the trial should have been sustained. The answer denies the contract, or that it ever existed, and, under this general denial, it is competent to show that the contract was conditional, and not fulfilled. Stewart v. Goodrich, 9 Mo. App. 125 ;. Green-way v. James, 34 Mo. 328; Covender v. Waddingham, 2 Mo. App. 556; Seberly v. Bank, 2 Mo. App. 59. ( 3) The statute of frauds is sufficiently…
1Opinion of the CourtSmith, P. J.
— The petition of the plaintiff alleged amongst other things that the deceased was in the possession of one hundred and sixty acres of land in Adair county as tenant by the curtesy, and that the defendant was the owner thereof subject to such curtesy; “that, the defendant being desirous of buying the possession of and said decedent’s right to the possession and use of said land, it was agreed between them that said deceased would remove Jrom said land and place defendant in the full and peaceable possession thereof, and that said deceased would not claim any further interest or title thereto.…
2Cases cited13 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
- Coles v. SoulsbyCalifornia Supreme Court · 1862
- Bray v. MarshallSupreme Court of Missouri · 1882
- Tatum v. BrookerSupreme Court of Missouri · 1872
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3Cited by6 opinions
- Shy v. LewisSupreme Court of Missouri · 1928
- Jose v. AufderheideMissouri Court of Appeals · 1926
- King v. SpitcaufskyMissouri Court of Appeals · 1930
- Winton & Deming State Bank v. HarrisMissouri Court of Appeals · 1893
- Bagnell v. Chemical BankMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.