Legal Opinion

Cashion v. Gargus

Supreme Court of Missouri

Decided February 15, 1916Published

Appeal from Dunklin Circuit Court. — Hon. G. B. Faris, Judge. (1) The original petition upon which said-judgment was rendered, failed to state any facts sufficient to constitute a cause of action against defendants in that cause: 1st, because the petition, being based upon a verbal contract for the sale of real estate, failed to ple'ad facts which would take it out of the Statute of Frauds, and no proof of facts could be offered which would take it out of the statute without…

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Appeal from Dunklin Circuit Court. — Hon. G. B. Faris, Judge. (1) The original petition upon which said-judgment was rendered, failed to state any facts sufficient to constitute a cause of action against defendants in that cause: 1st, because the petition, being based upon a verbal contract for the sale of real estate, failed to ple'ad facts which would take it out of the Statute of Frauds, and no proof of facts could be offered which would take it out of the statute without being pleaded; 2nd, because the petition failed to describe the land; and 3rd, because the petition showed on its face…

1Opinion of the Court

WILLIAMS, C.

This action was instituted in the circuit court of Dunklin County to set aside the decree rendered in a certain cause in said court on the 24th day of January, 1896, and to reinstate said original cause and to permit-the plaintiffs in this case to answer and defend against the same. Trial was had resulting *72in a judgment in favor of the defendants, and plaintiffs duly perfected an appeal to this court. The decree which this suit seeks to set aside was a decree entered in a suit for specific performance of a contract to convey real estate. The original decree granted the relief…

2Cases cited3 opinions

  1. Blanchard v. DormanSupreme Court of Missouri · 1911
  2. Wright v. GroomSupreme Court of Missouri · 1912
  3. Callaghan v. M'MahanSupreme Court of Missouri · 1862

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