Veth v. Gierth
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — IIon. John L. Thomas, Judge. (1) The contract was taken out of the operation of the statute of frauds by the act of the defendant in paying part of the purchase money. Galway v. Shields, 66 Mo. 313, and cas. cit.; 3 Pom.
Read the full summary
Appeal from Jefferson Circuit Court. — IIon. John L. Thomas, Judge. (1) The contract was taken out of the operation of the statute of frauds by the act of the defendant in paying part of the purchase money. Galway v. Shields, 66 Mo. 313, and cas. cit.; 3 Pom. Eq., sec. 1297, note 2. (2) The defendant’s taking possession of the real estate, under and by virtue of his contract with the plaintiff for the purchase thereof, removed the case from the operation of the statute of frauds. Young «. Montgomery, 28 Mo. 604; Priee ®. Hunt, 29 Mo. 171. (8) There is no evidence in this record to support the…
1Opinion of the CourtNorton, C. J.
This suit was brought to enforce the specific performance of an alleged contract for the sale of three hundred and twenty acres of land in Jefferson county to the defendant.
The petition substantially alleges that in July, 1883, plaintiff, by verbal contract, sold to defendant said land at and for the price of twenty-two hundred and fifty dollars, four hundred dollars of which was paid and the *99remainder to be paid on tbe second of October, 1883; tbat the defendant went into possession of tbe premises under tbe contract and was still in possession, but refused to pay tbe deferred payment. It…
2Cases cited2 opinions
- Paris v. HaleySupreme Court of Missouri · 1875
- Taylor v. WilliamsSupreme Court of Missouri · 1869
3Cited by15 opinions
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
- Taylor v. Von SchraederSupreme Court of Missouri · 1891
- Eisenbeis v. ShillingtonSupreme Court of Missouri · 1941
- Isaacs v. SkrainkaSupreme Court of Missouri · 1888
10 more not listed; retrieve them via the Exa API.