Orr v. McCurdy
Missouri Court of Appeals
Appeal from, the JacJcson Oireuit Oourt. — Hon. Turner A. Gill, Judge. (1) The memorandum or agreement, signed by Willock, as agent, should not have been admitted in evidence over the objection of the plaintiff, for the reason that neither Casper nor plaintiff authorized by writing the making thereof, nor did eith er of them ratify by writing the making of the same. (2) The effect of this statute (sec. 2509) cannot be evaded by the doctrine of part performance.
Read the full summary
Appeal from, the JacJcson Oireuit Oourt. — Hon. Turner A. Gill, Judge. (1) The memorandum or agreement, signed by Willock, as agent, should not have been admitted in evidence over the objection of the plaintiff, for the reason that neither Casper nor plaintiff authorized by writing the making thereof, nor did eith er of them ratify by writing the making of the same. (2) The effect of this statute (sec. 2509) cannot be evaded by the doctrine of part performance. This suit was instituted before a justice of the peace. Justices of the peace have no jurisdiction to hear or try any equitable…
1Opinion of the CourtSmith, P. J.
This was an - action of unlawful detainer. The facts disclosed by the record are that *421Willock, a carpenter and contractor, completed a dwelling house for Casper in Kansas City which he with the knowledge and approbation of Casper rented to defendant for a year. McCurdy went into posession under the agreement paying Willock rent till September 1, following and taking from him a receipt in which was this clause: “it is hereby agreed that the said McCurdy shall have and occupy the above described house and premises for the term of one year from August 1, 1886, for the consideration of…
2Cases cited4 opinions
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Dickerson v. ChrismanSupreme Court of Missouri · 1859
- Willis v. StevensMissouri Court of Appeals · 1887
- White v. WatkinsSupreme Court of Missouri · 1856
3Cited by2 opinions
- Miller v. HarperMissouri Court of Appeals · 1895
- DeMoss v. Economy Furniture & Carpet Co.Missouri Court of Appeals · 1898