Warren v. Castello
Supreme Court of Missouri
Appeal from St. Louis County Circuit Cou/rt. — Hon. W. W. Edwards, Judge. (1) The contract was not enforceable since there was no consideration to support it. Mrs. Warren paid no consideration to Mrs. Mreen, and it cannot be. claimed that she entered into the lease or into possession in consequence of the contract, because her own evidence showed that the lease was entered into and possession was taken by her long before this contract was’v executed by the deceased.
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Appeal from St. Louis County Circuit Cou/rt. — Hon. W. W. Edwards, Judge. (1) The contract was not enforceable since there was no consideration to support it. Mrs. Warren paid no consideration to Mrs. Mreen, and it cannot be. claimed that she entered into the lease or into possession in consequence of the contract, because her own evidence showed that the lease was entered into and possession was taken by her long before this contract was’v executed by the deceased. Indeed, the contract recites these facts. The agreement was, therefore, gratuitous and voluntary and not capable of enforcement.…
1Opinion of the CourtGantt, P. J.
This proceeding was commenced in the probate court of St. Louis county, seeking the specific performance of an agreement alleged to have been made-February 1, 1884, between plaintiff, Mary J. Warren-, then and now a married woman, and William Mreen, since deceased, whereby it is claimed that the said Mreen agreed at anytime before March 1, 1889, to convey to said Mary J. Warren certain land lying in St. Louis county, upon the payment to him of $2,000.
The proceeding was originally commenced against Mary Ann Mreen, the widow and executrix of the deceased; since the appeal to this court, Charles…
2Cases cited7 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Emmel v. HayesSupreme Court of Missouri · 1890
- Turner v. ShawSupreme Court of Missouri · 1888
- Glass v. RoweSupreme Court of Missouri · 1890
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3Cited by15 opinions
- Johnson v. Breckenridge-Stephens Title Co.Texas Commission of Appeals · 1924
- Rockhill Tennis Club of Kansas City v. VolkerSupreme Court of Missouri · 1932
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Suhre v. BuschSupreme Court of Missouri · 1938
- Pollock v. BrookoverWest Virginia Supreme Court · 1906
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