Davis v. Gann
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Defendant’s counsel objected to parol evidence that the consideration to be paid by Davis for the land was not money, but certain lands, “on the ground that if there was any contract of sale or any agreement between them, by which Mr. GIann was to buy any lands, it must necessarily be in writing or some memoranda thereof, signed by Mr. Grann or someone authorized by him, and that such testimony would…
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Defendant’s counsel objected to parol evidence that the consideration to be paid by Davis for the land was not money, but certain lands, “on the ground that if there was any contract of sale or any agreement between them, by which Mr. GIann was to buy any lands, it must necessarily be in writing or some memoranda thereof, signed by Mr. Grann or someone authorized by him, and that such testimony would not be admissible upon that subject.” The statute (R. S. 1889, sec. 5186) requires contracts for the sale of lands shall…
1Opinion of the CourtEllison, J.
This action is to recover $1,000, the amount of a title bond for the conveyance of real estate. The trial court sustained a demurrer to plaintiff’s evidence, whereupon he took-a nonsuit and failing to have the same set aside, took his appeal to this court.
The condition of the bond was that, if defendant, “upon payment to him on or before March 1, 1893, of $12,050, and interest thereon as agreed and promised by said "William F. Davis, shall convey and deliver possession to said William F. Davis, his heirs, executors or assigns, forever, the following described real estate” (describing it):…
2Cases cited4 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Jackson v. Chicago, St. Paul & Kansas City RailroadMissouri Court of Appeals · 1893
- Kramer v. CarterMassachusetts Supreme Judicial Court · 1884
- Harrington's Administrator v. CrawfordMissouri Court of Appeals · 1895
3Cited by13 opinions
- Poplin v. BrownMissouri Court of Appeals · 1918
- McDaniel v. United Railways Co.Missouri Court of Appeals · 1912
- Oregon Mill Co. v. KirkpatrickOregon Supreme Court · 1913
- Tate v. Wabash RailroadMissouri Court of Appeals · 1908
- Culbertson v. YoungMissouri Court of Appeals · 1900
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