Allen v. Richard
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. The alleged contract was within the statute of frauds and defendant’s objections to the proof thereof by parol should have been sustained.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. The alleged contract was within the statute of frauds and defendant’s objections to the proof thereof by parol should have been sustained. Horsey v. Graham, L. R. 5 C. P. 13; Mather v. Scoles, 35 Ind. 2 ; 2 Wharton Ev., sec. 863; Martin v. Wharton, 38 Ala. 637; see also Browne St. Pr. secs. 230, note 5,263-6-7-8, 511; Bryan v. Jamison, 7 Mo. side p. 106 top 158; see Hook v. Turner, 22 Mo. 335. So also courts of equity have held “where one man by parol employs another as agent to buy an estate for him, and that other buys it for…
1Opinion of the Court
Martin, C.
This is an action at law for breach of a contract relating to the purchase of real estate. It is alleged, in substance, that the defendant agreed and undertook to purchase from the owners thereof, for and on account of plaintiff, a tract of 240 acres of land, known as the Hemisfor farm, at the price of $13 per acre, and have the title thereof conveyed by good and sufficient deed to plaintiff in consideration of $100 as compensation, the purchase money thereof to be furnished by plaintiff; that plaintiff paid $34 on account of said compensation; that defendant in disregard of his…
2Cases cited6 opinions
- Winters v. CherrySupreme Court of Missouri · 1883
- Martin v. WhartonSupreme Court of Alabama · 1863
- White v. WielandMassachusetts Supreme Judicial Court · 1872
- Adair v. AdairSupreme Court of Missouri · 1883
- Hook v. TurnerSupreme Court of Missouri · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Rose v. HaydenSupreme Court of Kansas · 1886
- Boyd v. PaulSupreme Court of Missouri · 1894
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Carkonen v. AlbertsWashington Supreme Court · 1938
- Hurt v. FordSupreme Court of Missouri · 1898
28 more not listed; retrieve them via the Exa API.