Allen v. Richard

Citations

• 83 Mo. 55

Syllabus

<p>1. Statute of Frauds: contract to purchase land. An oral agreement between plaintiff and defendant that the latter shall purchase for the former the land of a third person and receive for his services a stipulated sum is within the statute of frauds and cannot be enforced.</p> <p>2. -: -: equity. The contract, itself, being within the statute of frauds, and there being nothing in the transaction to render it a fraud on plaintiff to deny him the title or refuse him compensation in damages, there are no grounds for equitable relief and nothing to take the contract out of the operation of the statute. Plaintiff is only entitled to his action against defendant for money had and received for any compensation advanced the latter.</p> <p>3. ---: pleading. Under a general denial it is unnecessary to plead the statute of frauds in order to receive its benefits.</p>