Cockrell v. McIntyre
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Son. D. W. Shackleford, Judge. (1) There was no contract entered into between Wallace and Lawson. The minds of the parties did not meet. Barton Bros. v. Hunter, 59 Mo. App. 610; Green v. Cole, 103 Mo. 70. (2) The submission to the jury of a single issue was improper. The recovery of specific real property was in issue, and the verdict of the jury should have been general.
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Appeal from Cooper Circuit Court. — Son. D. W. Shackleford, Judge. (1) There was no contract entered into between Wallace and Lawson. The minds of the parties did not meet. Barton Bros. v. Hunter, 59 Mo. App. 610; Green v. Cole, 103 Mo. 70. (2) The submission to the jury of a single issue was improper. The recovery of specific real property was in issue, and the verdict of the jury should have been general. R. S. 1899, sec. 721; Majors v. Rice, 57 Mo. 384. (3) Wallace’s note to Lawson was not a sufficient memorandum of a contract for the sale of real estate to satisfy the statute of frauds.…
1Opinion of the CourtBuegess, J.
This is ejectment for the possession of a tract of land in Cooper county. The petition is in the usual form. The ouster is laid on March 20, 1898. The damages claimed are two hundred and fifty dollars, and monthly rents is alleged to be twenty dollars.
The defendants answered separately. In McIntyre’s answer, he denied all allegations in plaintiff’s petition, and then alleged that he was in possession of the land as the tenant of his co-defendant Lawson.
The separate answer of defendant Lawson, after denying generally all the allegations in plaintiffs petition, proceeds as follows:
“This…
2Cases cited3 opinions
- Green v. ColeSupreme Court of Missouri · 1890
- Lydick v. HollandSupreme Court of Missouri · 1884
- Majors' Heirs v. RiceSupreme Court of Missouri · 1874
3Cited by5 opinions
- Perkins v. Independent School DistrictMissouri Court of Appeals · 1903
- Cooper v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1907
- Waddington v. LaneSupreme Court of Missouri · 1907
- Adams v. CarltonSupreme Court of Kansas · 1908
- Abbitt v. St. Louis Transit Co.Missouri Court of Appeals · 1904