School District Number One v. Holt
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Now. William G. Ellison, Judge. (1) The contract is fully performed and is therefore taken out of the statute. Farrar v. Patton, 20 Mo. 81; Bless v. Jenkins, 129 Mo. 647. (2) The district took possession of the site sued for, and this possession was taken in pursuance of the contract sued on. School District v. Holmes, 53 Mo. App. 487. Taking possession is sufficient part-performance.
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Appeal from Nodaway Circuit Court. — Now. William G. Ellison, Judge. (1) The contract is fully performed and is therefore taken out of the statute. Farrar v. Patton, 20 Mo. 81; Bless v. Jenkins, 129 Mo. 647. (2) The district took possession of the site sued for, and this possession was taken in pursuance of the contract sued on. School District v. Holmes, 53 Mo. App. 487. Taking possession is sufficient part-performance. Young v. Montgomery, 28 Mo. 604. (3) The old site could not be abandoned until a new one was acquired. R. S, 1899, sec. 9852. (4) The board could not change the site. Siebert…
1Opinion of the CourtBurgess, J.
This is a suit to enforce specific performance of a verbal contract between plaintiff and defendant for the purchase by plaintiff of a schoolhouse site, the consideration to be the conveyance to the defendant of the old schoolhouse site of said school district.
*409In its petition plaintiff alleges that in December, 1857, Solomon Schell conveyed to Nodaway county, Missouri, certain land to be held in trust by said county for the use and benefit of the plaintiff district, which land was described in the deed of conveyance as follows: Beginning at a point twenty rods north, and nineteen rods east,…
2Cases cited5 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Boggs v. BodkinWest Virginia Supreme Court · 1889
- McCoy v. McCoyIndiana Court of Appeals · 1903
- Rice v. PeetNew York Supreme Court · 1818
- Johnston v. JohnstonSupreme Court of Pennsylvania · 1837
3Cited by5 opinions
- Jacobs v. CauthornSupreme Court of Missouri · 1922
- Sursa v. CashMissouri Court of Appeals · 1913
- Bentrup v. Johnson and Lehmann.Missouri Court of Appeals · 1929
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