Anderson v. Scott
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) The parol contract or promise relied upon must be alleged with certainty, and must be clearly proven as alleged, by convincing evidence, so that there is no ambiguity or doubt. Loose statements in casual conversation are not sufficient to prove the promise. Bitton v. Ship, 65 Mo. 297; Berry v. Hartzell, 91 Mo. 132; Ackerman v. Fisher, 57 Pa.
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Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) The parol contract or promise relied upon must be alleged with certainty, and must be clearly proven as alleged, by convincing evidence, so that there is no ambiguity or doubt. Loose statements in casual conversation are not sufficient to prove the promise. Bitton v. Ship, 65 Mo. 297; Berry v. Hartzell, 91 Mo. 132; Ackerman v. Fisher, 57 Pa. St. 457. In the case at bar, the allegations of the answer are not definite as to the supposed promise, while the evidence is so vague as to leave us in doubt whether any promise was ever…
1Opinion of the CourtBlack, J.
This was an action of ejectment commenced in April, 1881, for one hundred acres of land in Pettis county. Prior ownership in George Anderson is conceded, who, by his last will, dated the nineteenth of December, 1879, and probated in March, 1880, devised the land to his widow, the plaintiff in this suit. Defendant married a daughter of the plaintiff and her deceased husband. By way of an equitable defence, he sets up in his amended answer that Anderson requested him to purchase an adjoining eighty-five acres from the Sedalia Savings Bank; that Anderson promised to give him the hundred acres in…
2Cases cited6 opinions
- Sitton v. ShippSupreme Court of Missouri · 1877
- Bright v. BrightIllinois Supreme Court · 1866
- West v. BundySupreme Court of Missouri · 1883
- Anderson v. ShockleySupreme Court of Missouri · 1884
- Dougherty v. HarselSupreme Court of Missouri · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brownlee v. FenwickSupreme Court of Missouri · 1890
- Ford v. Unity Church SocietySupreme Court of Missouri · 1894
- Burris v. LandersCalifornia Supreme Court · 1896
- Lindell v. LindellSupreme Court of Minnesota · 1917
- Partridge v. PartridgeSupreme Court of Missouri · 1909