Scriba v. Neely
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. The alleged promise of defendant sued on in this action in the circumstances detailed by plaintiff and his witness White, is nuda pacta, without consideration and is non-enforcible in law. Sw'aggard v. Hancock, 25 Mo. App. 596; Long y. Towl, 42 Mo. 545; Wright v. Vetter, 54 Mo. App, 384; Moss v. G-reen, 41 Mo. 389; Lamp Co. y. Mfg. Co., 64 Mo. App. 118; German y. Gilbert, 83 M’o.
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Appeal from Lawrence Circuit Court. — Hon. F. G. Johnston, Judge. The alleged promise of defendant sued on in this action in the circumstances detailed by plaintiff and his witness White, is nuda pacta, without consideration and is non-enforcible in law. Sw'aggard v. Hancock, 25 Mo. App. 596; Long y. Towl, 42 Mo. 545; Wright v. Vetter, 54 Mo. App, 384; Moss v. G-reen, 41 Mo. 389; Lamp Co. y. Mfg. Co., 64 Mo. App. 118; German y. Gilbert, 83 M’o. App. 416; Steel v. Johnson, 96 Mo. App. 159; Willis v. Gammill, 67 Mo. 730. The assignment of a debt, contract or right is a. good consideration for a…
1Opinion of the CourtBland, P. J.
Defendant signed and delivered to plaintiff the following agreement:
“$6,500. Feb. 10, 1906.
130 acres.
68 acres bottom.
“By this I, Frank Neely, agree to pay to John Scriba in case he-sells-my farm or sends me a buyer, the sum of two hundred dollars ($200), if he sells inside of one year.
“J. F. Neely.”
After the agreement was signed, plaintiff wrote over it the date, “February 10, 1906,” and swore the paper was signed on or about that date. Defendant testified it was made at a much earlier date hut was in force at the time defendant sold his land. Both parties testified that the sum for which…
2Cases cited11 opinions
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- Byrd v. FoxSupreme Court of Missouri · 1844
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