Green v. Ditsch
Supreme Court of Missouri
Appeal from Jackson■ Circuit Court. — Hon. E. L. SckBRITT, Judge, (1) The contract, if one was made, which defendant denies, was for the sale of land and was not in writing andis void under section 5186,Re vised Statutes 1889. (2) There was no part performance on the part of Peter W. Ditseh or the appellant to take the case out of the statute of frauds. 1 Story, Eq. Jur. [10 Ed.], sec. 764; Sitton v. Ship, 65 Mo. 297; Cox v. Cox, 29 Pa.
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Appeal from Jackson■ Circuit Court. — Hon. E. L. SckBRITT, Judge, (1) The contract, if one was made, which defendant denies, was for the sale of land and was not in writing andis void under section 5186,Re vised Statutes 1889. (2) There was no part performance on the part of Peter W. Ditseh or the appellant to take the case out of the statute of frauds. 1 Story, Eq. Jur. [10 Ed.], sec. 764; Sitton v. Ship, 65 Mo. 297; Cox v. Cox, 29 Pa. St. 375; Paris v. Raley, 61 Mo. 453; Rmmél v. Rayes, 102 Mo. 186; Berry v. Harts ell, 91 Mo. 132; Rogers v. Wolfe, 104 Mo. 1; Underwood v. Underwood, 48 Mo.…
1Opinion of the CourtMaceaelane, P. J.
This is a suit in equity for the specific performance of an alleged contract for the sale of a lot in Kansas City on which there was at the time a dwelling house.
The petition charges that on the fifteenth of November, 1890, plaintiff was the owner of the lot, describing it, and on said day a contract between him and P. W. Ditseh was entered into “by the terms of *6which the plaintiff agreed to sell, and the said P. W. Ditseh agreed to buy said property at and for the price and sum of three thousand dollars, and that it was further agreed-that an addition to the house then standing on said…
2Cases cited2 opinions
- Banking House of Wilcoxson & Co. v. RoodSupreme Court of Missouri · 1896
- Mastin v. GrimesSupreme Court of Missouri · 1885
3Cited by30 opinions
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Coleman v. HageySupreme Court of Missouri · 1913
- Holton v. CochranSupreme Court of Missouri · 1907
- State v. MyersSupreme Court of Missouri · 1906
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