Hayes v. Kansas City, Ft. S. & G. R. Co.

• Decision Date: 02 March 1892
• Court: Missouri Supreme Court
• Parties: HAYES v. KANSAS CITY, FT. S. & G. R. CO.

18 S.W. 1115

108 Mo. 544

HAYES v. KANSAS CITY, FT. S. & G. R. CO.

Supreme Court of Missouri, Division No. 2.

March 2, 1892.

SALE OF LAND BY PAROL — PART PERFORMANCE — STATUTE OF FRAUDS.

Where a land-owner verbally agrees to convey land to a railroad company, on condition that the company will construct a side track thereon, and erect station buildings on adjoining land, evidence that the company erected the station buildings, as agreed, constructed the track on part of the land, used the rest as a roadway, and spent several hundred dollars in grading and macadamizing it, warrants a finding that the contract was sufficiently performed to take it out of the statute of frauds.

Appeal from circuit court, Webster county; W. I. WALLACE, Judge.

Ejectment by Michael Hayes against the Kansas City, Ft. Scott, & Gulf Railroad Company. Decree for defendant Plaintiff appeals. Affirmed.

T. J. Delaney, for appellant. Wallace Pratt and J. C. Cravens, for respondent.

MACFARLANE, J.

The suit was ejectment to recover a lot of land in Springfield, Mo., on which were located two side tracks of defendant, and near to which were defendant's depots. The lot sued for and described in the petition was 100 feet wide fronting on the west side of Main street and 150 feet in length. One of defendant's side tracks was within 2 feet of the south side of this lot, and the other was about 75 feet north of the first. The defense was that the Springfield & Western Missouri Railway Company, defendant's grantor, had taken possession of the property under a verbal contract with plaintiff, by which he agreed to convey the land to said company in consideration that it would "locate upon said parcel of ground, and the lands adjacent thereto, their main track of railroad, switches, depot, buildings, engine house or houses, turn-tables, etc., and to use and occupy said grounds in the said manner and for the said purpose of a general depot in the city of Springfield, and for the further and especial consideration that said Springfield & Western Missouri R. R. Co. do locate and place a switch from their main track on the south side thereof, along the south part of said lot of ground hereinafter described, running east and west, and immediately on the south line of said tract, so that lots adjoining said tract hereinbefore described on the south, owned by said plaintiff, may abut said switch." It averred further that said company complied with all the terms and conditions of said contract, and that thereafter defendant became the owner of all the property rights and franchises of said company, including equitable right and title to said land. The answer further averred that defendant was in possession of said property under and by virtue of said contract, had made valuable and expensive improvements thereon, and prayed for affirmative relief. On the trial it was admitted that defendant became the owner of all the franchises, rights, property, and effects of the Springfield & Western Missouri Railroad Company, including the equitable title, if any, of said company, in and to the parcel of ground in controversy, and that defendant was in possession thereof. We think there is no doubt that the verbal contract to convey the lot was clearly established by evidence sufficient to justify the finding on that proposition.

The principal contention on the part of plaintiff is that, the contract being within the statute of frauds, a sufficient part performance had not been shown to free it from that statute. It appears without dispute that plaintiff, Hayes, owned the tract consisting of about 225 feet front on the west side of Main street. In 1878 the railroad was built through Springfield, the main track running east and west some 220 feet north of plaintiff's, and a side track had been built over the north side of this land about parallel to...