Tyler v. Larimore
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This action is founded on the following contract: “This agreement, made and entered into this sixteenth day > of November, 1880, by and between Abram Larimore, of the county of Audrain, and Jane Larimore, of the county of Callaway, Missouri, heirs and widow of Henry Larimore, deceased, parties of the first part, and R. H. Tyler, of Callaway county, and J. R. Baker, of Audrain…
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. Statement of case by the court. This action is founded on the following contract: “This agreement, made and entered into this sixteenth day > of November, 1880, by and between Abram Larimore, of the county of Audrain, and Jane Larimore, of the county of Callaway, Missouri, heirs and widow of Henry Larimore, deceased, parties of the first part, and R. H. Tyler, of Callaway county, and J. R. Baker, of Audrain county, Missouri, parties of the second part, witnesseth, that, whereas, the following land belonging to the estate and…
1Opinion of the CourtPhilips, P. J.
I. The first question, lying at the threshold of this controversy, is, whether the contract sought to be enforced is not void in its inception. Con*454tracts which contravene the provisions and policy of statute law, or are repugnant to principles of sound policy, or founded in fraud, are not enforceable, either at law or in equity. 2 Kent Com. 466. A contract of sale,, neither prohibited by any positive law, nor against good morals, may nevertheless be void as being contrary to principles of sound policy. Jones v. Randall, Camp. 39 ; Brye v. Lewis, Ry. & Mor. 386. Judge Story very succinctly and…
2Cases cited10 opinions
- Bartle v. NuttSupreme Court of the United States · 1830
- Young v. GlascockSupreme Court of Missouri · 1883
- Kitchen v. GreenabaumSupreme Court of Missouri · 1875
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Branstetter v. RivesSupreme Court of Missouri · 1864
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3Cited by8 opinions
- Short v. Bullion-Beck & Champion Mining Co.Utah Supreme Court · 1899
- Gentry v. TempletonMissouri Court of Appeals · 1891
- Suits v. TaylorMissouri Court of Appeals · 1886
- Claflin & Thayer v. Burkhart's AdministratorMissouri Court of Appeals · 1891
- Small v. LowreyMissouri Court of Appeals · 1912
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