Gage v. Gage

Summary

The Missouri Court of Appeals affirmed a judgment denying rescission of a farm-sale contract and granting the buyer’s counterclaim for specific performance. The court held that the evidence supported the trial court’s finding that any alleged rescission by the buyer’s husband was not shown to have been authorized or ratified by the buyer, and the judgment was not clearly erroneous.

Holdings

1. A marital relationship alone is insufficient to bind a wife to her husband's alteration or rescission of a contract; the plaintiff had to establish that defendant knew of and assented to, or ratified, the alleged rescission.
2. The trial court's determination that the contract had not been rescinded, and its resulting judgment for defendant, was not clearly erroneous.

Questions Presented

1. Whether the evidence established that the contract for sale of the farm had been rescinded or modified.
2. Whether defendant was bound by her husband's alleged agreement to rescind or modify the contract based solely on the marital relationship.
3. Whether the trial court's findings and award of specific performance were clearly erroneous.

Disposition

affirmed