Teats v. Flanders
Decision Date | 16 December 1893 |
Citation | 24 S.W. 126,118 Mo. 660 |
Parties | TEATS et al. v. FLANDERS et al. |
Court | Missouri Supreme Court |
1. In an action by T. and husband against the heirs of F. to enforce performance of a contract whereby F. agreed to adopt T. as her daughter, and leave her all her property at her death, in consideration that T. would serve her as her daughter during her life, and take care of her "in her old days," the evidence showed only casual references by F. to T. as her adopted daughter, and expressions to others than T. of an intention to leave her property to the latter; that T. served F. only about 3 years, for only one of which she received no compensation; and that, for 16 years before her death, F. received no services from T., though during a portion of such time she sorely needed the care of some one. Held, that the contract was not established, nor performance by T. shown.
2. There was evidence that T. wrote one of defendants, advising her of F.'s death, and telling her to look after her interests, or the other defendant would get all the property. Held, that the exclusion of T. as a witness to rebut such evidence was harmless error, since the result must have been the same if the evidence had been admitted.
3. Where the offer of such evidence was not confined to acts done after the appointment of F.'s administrator, as to which only T. was a competent witness, it was properly excluded.
Appeal from circuit court, Buchanan county; H. M. Ramey, Judge.
Action by Nancy Teats and Charles Teats, her husband, against Sophia Flanders and Abner T. Kneeland, to enforce specific performance of a contract. From a judgment for defendants, plaintiffs appeal. Affirmed.
The other facts fully appear in the following statement by GANTT, P. J.:
This is a suit in equity for specific performance of an alleged agreement by Mrs. Velveria Flanders to leave all of her property at her death to Mrs. Teats, in consideration of services rendered. The petition is material to a proper understanding of the issues involved. It alleges: ...
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Lieber v. Lieber
... ... McCray, 113 Mo. 382 [21 S. W. 17]); nor to establish the contract in a suit for specific performance (Teats v. Flanders, 118 Mo. 660 [24 S. W. 126]); nor to acts of performance (Sitton v. Shipp, 65 Mo. 297); nor to reform a contract by supplying a term ... ...
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Menees v. Cowgill
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State ex rel. Nute v. Bruce, 32375.
... ... Tinsley, 30 Mo. 389; Gupton v. Gupton, 47 Mo. 37; Sutton v. Hayden, 62 Mo. 101; Sharkey v. McDermott, 91 Mo. 647, 4 S.W. 107, 60 Am. Rep. 270; Teats v. Flanders, 118 Mo. 660, 24 S.W. 126; Healey v. Simpson, 113 Mo. 340, 20 S.W. 881; Alexander v. Alexander 150 Mo. 579, 52 S.W. 256; Steele v ... ...
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