Legal Opinion

Larow v. Bozarth

Missouri Court of Appeals

Decided January 11, 1897PublishedCited by 3 opinions

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

  1. Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
  2. Ross v. MajorMissouri Court of Appeals · 1914
  3. Smith v. TruittMissouri Court of Appeals · 1904

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