82 Mo. 493 | Mo. | 1884
Pending- this cause in this court, Jno. Anthony suggested that since the appeal herein was taken, he had intermarried with appellant, and asked to be made a ;.party plaintiff', which was granted. The suit is for the ■ enforcement of specific performance of the following contract in writing, entered into by plaintiff, then Bessie ¡.Stevenson, and defendant:
“ This article of agreement, entered into this 20th day -of February, 1878, by and between Catherine of the one jpart and Bessie Stevenson of the second part, witnesseth, that the said Catherine has this day bargained and sold to •said Bessie Stevenson for the sum of $2,500, the following real estate, lying and being in the City of Kansas, county of •Jackson, State of Missouri, namely: Lot No. 11, block 3 Lykin’s addition to the City of Kansas, Old Town, as the .same appears on record of the recorded plat of said addi*495 tion, upon the following terms and conditions, to-wit: The said Bessie Stevenson to pay the sum of $25 per month, payable monthly on the 20th day of each month, until the ■sum of $1,000 is thus paid; then the said Catherine Rooney to execute and deliver to said Bessie Stevenson a good and ■sufficient warrantee deed to the same, taking the notes of the said Bessie Stevenson, secured by deed of trust on the property conveyed, for the same deferred payments. But if said Bessie Stevenson fail or refuse to make any monthly ■payments as herein provided until deed made, her rights under this agreement to cease, and said Catherine Rooney to be immediately entitled to the possession of said estate. In witness whereof, the parties have set their names and affixed their seals to duplicate copies hereof, one to be retained by each, the day and year aforesaid.
Mrs. Catherine Rooney, [seal.]
Miss Bessie Stevenson, [seal].”
The answer set up, in substance, that the contract really made by the parties was one of lease by which the •premises were let to plaintiff at $25 per month, payable monthly, but that in order to evade the statute, section 1551, which forbids the lease of a house for the purpose of being used as a brothel it was agreed between the parties •that they should execute the agreement in question. A replication filed put in issue the allegations of the answer, .and on a trial of the cause, the court found the issues for •defendant and entered a judgment accordingly, from which this appeal was prosecuted. Plaintiff at the trial objected to any evidence in support of the allegations in the answer. Her objection was overruled, and by plaintiff’s own testimony, if at all, they were established. Whether the court ■ erred in admitting such evidence is the only question for consideration.
This is not a suit to enforce a contract for a lease of ■ the premises. If it were the doctrine invoked by defendant and sustained by the authorities cited by her counsel
The judgment is reversed and the cause remanded.