Yancey v. Clarkson

• Decision Date: 16 June 1914
• Docket Number: No. 1222.,1222.
• Citation: 182 Mo. App. 435,168 S.W. 236
• Parties: YANCEY v. CLARKSON.
• Court: Missouri Court of Appeals

168 S.W. 236

182 Mo. A. 435

YANCEY v. CLARKSON.

No. 1222.

Springfield Court of Appeals. Missouri.

June 16, 1914.

Rehearing Denied July 7, 1914.

1. PLEADING (§ 345)—JUDGMENT ON PLEADINGS.

An answer to a petition declaring on a contract for the sale of land containing a general denial of every allegation of the petition, except such as may be specifically admitted, and specifically denying that defendant executed the contract set out in the petition, and alleging that defendant and others offered plaintiff an option on the land in consideration of $100, and that, while the option was executed, it was not delivered because plaintiff failed to pay the sum, does not justify a judgment for plaintiff on the pleadings, though the first part of the answer is uncertain, as the uncertainty is removed by the subsequent allegations raising the general issue.

2. VENDOR AND PURCHASER (§ 315)—ACTION BY PURCHASER—BURDEN OF PROOF.

Where, in an action on a contract for the sale of land, the answer denied the execution of the contract relied on, plaintiff must prove the contract.

Error to Circuit Court, Wayne County; E. M. Dearing, Judge.

Action by Charles D. Yancey against George W. Clarkson. There was a judgment for defendant, and plaintiff brings error. Affirmed.

Charles D. Yancey, of St. Louis, pro se.

ROBERTSON, P. J.

Plaintiff's abstract of the record sets out his petition, defendant's answer, and plaintiff's reply, and then follows what is entitled a "Statement and History of the Case." This undertakes to give some testimony, but it does not disclose that it is included within the bill of exceptions.

The petition is in two counts, but we gather from the so-called abstract of the record that there was a dismissal as to the second count and a jury trial had on the first count resulting in a directed verdict for the defendant, upon which judgment was entered, and the plaintiff brings the case here by writ of error.

The first count of plaintiff's petition, on which the trial was had, declares upon a contract alleged to have been entered into by defendant for the sale of certain lands to the plaintiff, with which the defendant, as plaintiff alleges, failed and refused to comply.

The answer starts out with a general denial of "each and every allegation in plaintiff's petition contained, except such as may be hereinafter specifically admitted." Then follows a specific denial that he executed the contract set out in the plaintiff's petition, and then the...