Larow v. Bozarth
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) Plaintiff’s petition states a suit to redeem the land in controversy. The proof shows' no valid contract' in writing; the ease is within the statute of frauds; therefore the court committed reversible error in refusing defendant’s peremptory instruction number 1, directing a verdict in favor of the defendant.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) Plaintiff’s petition states a suit to redeem the land in controversy. The proof shows' no valid contract' in writing; the ease is within the statute of frauds; therefore the court committed reversible error in refusing defendant’s peremptory instruction number 1, directing a verdict in favor of the defendant. Nor did plaintiff ever pay, or offer to pay, the defendant the amount due him; therefore the court committed reversible error in refusing defendant’s peremptory instruction number 1, directing a verdict in favor of…
1Opinion of the CourtEllison, J.
Plaintiff was the owner of a farm in Barton county and gave to defendant a deed of trust thereon to secure the payment of $2,600 money loaned. Plaintiff defaulted in payment of the money when it became due and defendant foreclosed the deed of trust, himself becoming the purchaser for a sum less than the amount of the debt. Plaintiff charges that defendant thereafter, on the fifth day of November, 1894, made a contract with him whereby he agreed that if plaintiff would find a purchaser for the farm within one year from the date of defendant’s purchase at the foreclosure sale (April 9, 1894) he…
2Cited by3 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Ross v. MajorMissouri Court of Appeals · 1914
- Smith v. TruittMissouri Court of Appeals · 1904