Kautsch v. Droste
Missouri Court of Appeals
Error to the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. (1) If there was no judgment the writ of error should be dismissed. Spears v. Bond, Y9 Mo. 46Y; Berry v. Zimmerman, 43 Mo. 215; Robinson v. Morgan Oo., 32 Mo. 428; Palmer v. Crane, 8 Mo. 619; Sater v. Hunt, 61 Mo. App. 228..
1Opinion of the CourtSmith, P. J.
This is a suit in equity to compel the specific performance of an alleged verbal contract, entered into between the plaintiff and defendants, whereby the latter agreed, in consideration of the loan to them by the former of the sum of to execute and deliver to such former a mortgage on certain real property to secure the payment of the money so loaned, etc. The defendants interposed a demurrer to the plaintiff’s petition, which was by the court sustained.
The judgment was to this effect: “It is ordered and adjudged that the said demurrer be sustained and the plaintiff be denied a judgment…
2Cases cited6 opinions
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Spears v. BondSupreme Court of Missouri · 1883
- Anderson v. MoberlySupreme Court of Missouri · 1870
- Mills v. McDanielsMissouri Court of Appeals · 1894
- Berry v. ZimmermanSupreme Court of Missouri · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Reesman v. RollinsonMissouri Court of Appeals · 1904
- Webb v. Kansas CityMissouri Court of Appeals · 1900
- City of Plattsburg v. AllenMissouri Court of Appeals · 1900