Lydick v. Holland
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. J. M. Davis, Judge. (1) The petition states facts sufficient to constitute a cause of action for a specific performance of the agreement alleged or for compensation in damages. £ £ Although a contract may be void, under statute of frauds, yet, if the conduct of the party setting up the invalidity has been such as to raise an equity outside of and independent of the contract and nothing else will be adequate satisfaction of such…
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Appeal from Livingston Circuit Court. — Hon. J. M. Davis, Judge. (1) The petition states facts sufficient to constitute a cause of action for a specific performance of the agreement alleged or for compensation in damages. £ £ Although a contract may be void, under statute of frauds, yet, if the conduct of the party setting up the invalidity has been such as to raise an equity outside of and independent of the contract and nothing else will be adequate satisfaction of such equity, a court of equity will sustain the contract, notwithstanding its invalidity under the statute.” 5 Wait’s Actions…
1Opinion of the CourtBlade, J.
This was a suit for the specific performance of a parol contract. A demurrer to the petition was sustained; and the only question is, does the petition state facts sufficient to constitute a cause of action % It alleges that the parties each owned forty acres of land ; that plaintiff: had an opportunity to sell his land and notified the defendant of this, and of the further fact that he would not sell, except upon the condition that defendant would seE his land to plaintiff: and give possession on the first of March following, to which defendant assented, and told plaintiff to go on and make…
2Cases cited4 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Holland v. AndersonSupreme Court of Missouri · 1866
- Hamilton v. HamiltonSupreme Court of Missouri · 1875
- Parker v. HeatonIndiana Supreme Court · 1876
3Cited by12 opinions
- Jones v. LinderSupreme Court of Missouri · 1952
- Elsberry v. SextonSupreme Court of Florida · 1911
- State Ex Rel. Fletcher v. BlairSupreme Court of Missouri · 1944
- Hunt v. U.S. Fire Insurance Co. of N.Y.Missouri Court of Appeals · 1946
- Andrews v. BroughtonMissouri Court of Appeals · 1899
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