Thompson v. Lyons
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas B. Buchner, Judge. ■ (1) The amended petition does not state facts sufficient to' constitute a cause of action against defendants, because: The gist of the action is alleged fraud inducing the sale and purchase of real estate, (a) The contract is not charged to be in writing*.; therefore, it must be presumed to rest in parol. The Statute of Frauds applies, and no cause of action can be stated.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Thomas B. Buchner, Judge. ■ (1) The amended petition does not state facts sufficient to' constitute a cause of action against defendants, because: The gist of the action is alleged fraud inducing the sale and purchase of real estate, (a) The contract is not charged to be in writing*.; therefore, it must be presumed to rest in parol. The Statute of Frauds applies, and no cause of action can be stated. Sec. 278®, R. S. 1909; Knight v. Rawlings, 205 Mo. 412. (b) The amended petition fails to state a single act upon the part of the defendants or either of…
1Opinion of the Court
The plaintiffs, in the Circuit Court of Jackson County, June 6, 1917, in an action for fraud and deceit, recovered judgment against the defendants in the sum of $11,835.95, and the defendants appealed. The suit was begun against Lyons and Fred Meyn, and afterwards, on the suggestion of the death of Meyn, his administrator, Strother, was made party defendant, and an amended petition was filed.
The amended petition on which the trial was had alleged in substance that in June, 1911, and for a long time prior thereto, the plaintiffs were well acquainted with Lyons and Meyn and reposed confidence…
2Cases cited22 opinions
- Sigafus v. PorterSupreme Court of the United States · 1900
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Hobbs v. BoatrightSupreme Court of Missouri · 1906
- Loomis v. . PeopleNew York Court of Appeals · 1876
- McNamara v. GargettMichigan Supreme Court · 1888
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dolan v. RabenbergSupreme Court of Missouri · 1950
- Larabee v. EichlerSupreme Court of Missouri · 2008
- Foster v. PetreeSupreme Court of Missouri · 1941
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
- Conrad v. Allis-Chalmers Manufacturing Co.Missouri Court of Appeals · 1934
12 more not listed; retrieve them via the Exa API.