Gillespie v. Stone
Supreme Court of Missouri
Appeal from Sullivan Circuit Court.-Host. John W. Henry, Judge. 1. The evidence is utterly insufficient to sustain the judgment. Johnson v. Quarles, 46 Mo. 423; Forrester v. Scoville, 51 Mo. 268; Ringo v. Richardson, 53 Mo. 385; Kennedy v. Kennedy, 57 Mo. 73. 2. The agreement, if any was made, was not in writing, and was, therefore, void under the statute of frauds. There is no evidence of part performance in the case.
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Appeal from Sullivan Circuit Court.-Host. John W. Henry, Judge. 1. The evidence is utterly insufficient to sustain the judgment. Johnson v. Quarles, 46 Mo. 423; Forrester v. Scoville, 51 Mo. 268; Ringo v. Richardson, 53 Mo. 385; Kennedy v. Kennedy, 57 Mo. 73. 2. The agreement, if any was made, was not in writing, and was, therefore, void under the statute of frauds. There is no evidence of part performance in the case. Stone took possession immediately after the sale, and has remained in ever since. Gillespie paid no money, made no improvements, did not have the possession — in fact, did…
1Opinion of the Court
Napton, J. —
This was a petition filed in March, 1874, to transfer to the plaintiff a title acquired in October, 1863, by the defendant to two lots m the town of Milan, in Sullivan county, on the ground of an implied trust growing out of a breach of an agreement made previous to the sale. The plaintiff' was security on a note given to defendant in 1861, for $197.29. This note was sued on, and in Alarch, 1863, a judgment was rendered against plaintiff for $235.30, and $13.70 for costs, and the plaintiff, the petition alleged, *507being unable to pay, requested the defendant, who was his friend, to…
2Cases cited2 opinions
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