Lancaster v. Elliot
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. ■ There was no consideration for the agreement of October 13, 1885. Lancaster v. JSlliot, 42 Mo. App. 503. The agreement was fully executed by the parties by acting under it, and it needs no other or further consideration to support it. Bishop on Contracts, sec. 81. Even a partial execution of it was sufficient.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. ■ There was no consideration for the agreement of October 13, 1885. Lancaster v. JSlliot, 42 Mo. App. 503. The agreement was fully executed by the parties by acting under it, and it needs no other or further consideration to support it. Bishop on Contracts, sec. 81. Even a partial execution of it was sufficient. Id., sec. 87. Further, the acceptance of benefits under it by plaintiff, and his conduct in acting under it, estop him from denying its validity. Bishop on Contracts, secs. 286, 290; Boggs v. Olcott, 40 111.…
1Opinion of the CourtBond, J.
This is an action upon a bond given in a divorce proceeding between, the appellant and the respondent, Ida M. Lancaster. The bond sued on was executed by defendant in due form, to-wit:
*251“Know all men by these presents, that we, Ida M. Lancaster, as principal, and Henry Elliot and Henry Elliot, Jr., as sureties, are held and firmly hound unto Gona Lancaster in the sum of $1,000, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators jointly and severally by these presents. Sealed with our seals, and dated this sixteenth day of July, 1884.
“T…
2Cases cited6 opinions
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Marks v. Bank of MissouriSupreme Court of Missouri · 1843
- Belch v. MillerMissouri Court of Appeals · 1888
- Walsh v. St. Louis Exposition & Music Hall Ass'nSupreme Court of Missouri · 1890
- Lancaster v. ElliottMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Carman v. HarrahMissouri Court of Appeals · 1914
- Columbia Incandescent Lamp Co. v. American Electrical Manufacturing Co.Missouri Court of Appeals · 1895
- Tucker v. DolanMissouri Court of Appeals · 1905