Forrister v. Sullivan
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — lion. F. G. Johnston, Judge. (1) The defendant’s answer pleading the Statute of Frauds to avoid the contraet set up in the petition is an admission of the contraet relied upon by the plaintiff, and the plea that decedent’s estate is solvent, and plaintiff has an adequate legal remedy to recover for the services performed, is likewise an admission of the consideration for the contract alleged.
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Appeal from Lawrence Circuit Court. — lion. F. G. Johnston, Judge. (1) The defendant’s answer pleading the Statute of Frauds to avoid the contraet set up in the petition is an admission of the contraet relied upon by the plaintiff, and the plea that decedent’s estate is solvent, and plaintiff has an adequate legal remedy to recover for the services performed, is likewise an admission of the consideration for the contract alleged. Jones v. Rush, 156 Mo. 364; Cushing v. Powell, 130' Mo. App. 576. (2) The undisputed evidence establishing that the plaintiff had performed services sufficient, in…
1Opinion of the CourtLamm, P. J.
Specific performance — the land (the south half of the northwest quarter and the northwest quarter of the southwest quarter of section 15, township 26, range 25') lying in Lawrence county.
Joseph Sullivan died in March, 1907, full of years,intestate, seized of the land and a considerable estate besides, leaving a widow, Elizabeth, no children, and an only sister, together with the sons, daughters, grandsons and granddaughters of deceased brothers as collateral kin — all made parties defendant.
Elizabeth, electing to take half the estate subject to debts, under the statute, presently dies…
2Cases cited9 opinions
- Anderson v. McPikeSupreme Court of Missouri · 1885
- Liese v. MeyerSupreme Court of Missouri · 1898
- Kinney v. MurraySupreme Court of Missouri · 1902
- Wade v. HardySupreme Court of Missouri · 1882
- Schad v. SharpSupreme Court of Missouri · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Walker v. BohannanSupreme Court of Missouri · 1912
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944
- Selle v. SelleSupreme Court of Missouri · 1935
39 more not listed; retrieve them via the Exa API.