Hook v. Craighead
Supreme Court of Missouri
Appeal from Callaway Circuit Court. There is but one point presented by the record for the opinion of this court: Whether a mistake in a title bond for the conveyance of real estate can be reformed and corrected, and a specific execution be decreed of the contract so reformed ? The point, however, which is attempted to be raised by the motion, is: Whether parol evidence can be admitted to prove a variation by mistake in a written contract, required by the statute of frauds…
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Appeal from Callaway Circuit Court. There is but one point presented by the record for the opinion of this court: Whether a mistake in a title bond for the conveyance of real estate can be reformed and corrected, and a specific execution be decreed of the contract so reformed ? The point, however, which is attempted to be raised by the motion, is: Whether parol evidence can be admitted to prove a variation by mistake in a written contract, required by the statute of frauds to be in writing, when offered by a party seeking a specific execution of the contract ? Although this point is not…
1Opinion of the CourtBates, Judge
This is a suit originally brought by McClure, in his lifetime, upon a promissory note made by the defendant to the plaintiff’s intestate. The defendant, by answer, admitted the execution of the note, upon which some payments had been made, and alleged that the consideration of the note was the purchase by the defendant, from McClure, of a lot in the town of Fulton, for the conveyance of which McClure gave him a title bond, conditioned that the conveyancé should be made upon payment of the note; that, by error and misake, the lot was improperly described in the bond; that he *408had tendered to…
2Cases cited1 opinion
- Leitensdorfer v. DelphySupreme Court of Missouri · 1851
3Cited by5 opinions
- Kiser v. LucasCourt of Appeals of Maryland · 1936
- Luker v. MoffettSupreme Court of Missouri · 1931
- Gallup v. . BerndNew York Court of Appeals · 1892
- Broughton v. NullMissouri Court of Appeals · 1894
- Boeckler Lumber Co. v. Cherokee Realty Co.Missouri Court of Appeals · 1909