Gee v. Gee

PREWITT, Judge.

Appellant brought an action against respondent, her mother-in-law, seeking specific performance of an oral agreement to convey a farm. Her husband was joined as a party defendant on the theory that he refused to join as plaintiff. See Rule 52.-04(a), V.A.M.R. Respondent’s answer denied any agreement and also pled the statute of frauds, § 432.010, RSMo 1978. On the morning of trial, prior to the reception of evidence, appellant was allowed to amend by interlineation to claim “in the alternative” that she and her husband be awarded $18,000 as “restitution for money expended to…