Rosenwald v. Middlebrook
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale> Judge. (1) In this State a court of equity will specifically enforce an oral contract to devise or leave all of one’s property to another person in consideration of services rendered in the relation of an adopted son or otherwise. Such services are a valuable consideration and it would be a fraud upon the person rendering the services or acting in such capacity to refuse to enforce the contract.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale> Judge. (1) In this State a court of equity will specifically enforce an oral contract to devise or leave all of one’s property to another person in consideration of services rendered in the relation of an adopted son or otherwise. Such services are a valuable consideration and it would be a fraud upon the person rendering the services or acting in such capacity to refuse to enforce the contract. The contract and its performance may be established by the admissions and declarations of the party in default, together with all the other…
1Opinion of the CourtFox, J.
This is a suit hy the plaintiff seeking to have specifically performed a contract' or agreement alleged to have been entered into by Dr. C. W. Adams, in his lifetime. The contract sought to be enforced is thus stated by the plaintiff in his petition:
“Plaintiff further states that about the latter part of May, 1897, the said C. W. Adams told this plaintiff he wanted to adopt him because of his affectionate feelings for this plaintiff, and previously stated that he wanted this plaintiff to fit up and furnish offices and rooms, and about the latter part of August, 1897, he stated that he wanted…
2Cases cited5 opinions
- Dalzell v. Dueber Watch Case Manufacturing Co.Supreme Court of the United States · 1893
- Colson v. ThompsonSupreme Court of the United States · 1817
- Williams v. MorrisSupreme Court of the United States · 1877
- Stiles v. CainCalifornia Supreme Court · 1901
- Kinney v. MurraySupreme Court of Missouri · 1902
3Cited by19 opinions
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Selle v. SelleSupreme Court of Missouri · 1935
- Wales v. HoldenSupreme Court of Missouri · 1908
- Drake v. DrakeSupreme Court of Missouri · 1931
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