Otto v. Young
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — How. H. L. McCune, Judge. (1) Robert Young bad a perfect right to rescind tbe contract, under tbe admitted facts and circumstances of tbe case. Terte v. Maynard, 48 Mo. App. 463; Ryan v. Dunlap, 111 Mo. 610; ITartzell v. Crump, 90 Mo. 638; Lanitz v. King, 93 Mo. 513; Hollmann v. Conlon, 143 Mo. 369; 2 Addison on Contracts, p. 403, sec. 895; Mackey v. Ames, 31 Minn. 103; Ramsay v. West, 31 Mo.
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Appeal from Jackson Circuit Court. — How. H. L. McCune, Judge. (1) Robert Young bad a perfect right to rescind tbe contract, under tbe admitted facts and circumstances of tbe case. Terte v. Maynard, 48 Mo. App. 463; Ryan v. Dunlap, 111 Mo. 610; ITartzell v. Crump, 90 Mo. 638; Lanitz v. King, 93 Mo. 513; Hollmann v. Conlon, 143 Mo. 369; 2 Addison on Contracts, p. 403, sec. 895; Mackey v. Ames, 31 Minn. 103; Ramsay v. West, 31 Mo. App. 676; Bales v. Roberts, 189 Mo. 49'. (2) Tbe petition did not allege any waiver of tbe terms of tbe contract by Young, but declared upon tbe contract as drawn.…
1Opinion of the CourtYalliant, J.
This is an appeal from a decree requiring of appellants specific performance of a contract for the sale of land. The petition was in two counts, the first being in the nature of a bill to quiet title under section 650, Revised Statutes 1899, but when the trial came the plaintiff dismissed as to that count. The second count on which the cause went to trial, and on which the decree appealed from was rendered, states substantially as follows:
Under date September 12, 1904, defendant Robert Young, Jr., executed a contract to sell to the plaintiff the land in question for the price of $6000, of…
2Cases cited7 opinions
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Hartzell v. CrumbSupreme Court of Missouri · 1886
- Hunt v. SmithIllinois Supreme Court · 1891
- Tower v. Compton Hill Improvement Co.Supreme Court of Missouri · 1905
- Terte v. MaynardMissouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- McMahan v. McMahonSupreme Court of South Carolina · 1922
- State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944
- King v. GuyMissouri Court of Appeals · 1957
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- Rose v. Missouri District Telegraph Co.Supreme Court of Missouri · 1931
25 more not listed; retrieve them via the Exa API.