West v. Best
Supreme Court of Missouri
Appeal from Randolph Circuit Court. This was an action on two promissory notes, for one thousand dollars each, executed by defendant in favor of plaintiff. The defence is that said notes were given in consideration of the sale by plaintiff to defendant of a certain tract of land the title to which had failed.
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Appeal from Randolph Circuit Court. This was an action on two promissory notes, for one thousand dollars each, executed by defendant in favor of plaintiff. The defence is that said notes were given in consideration of the sale by plaintiff to defendant of a certain tract of land the title to which had failed. It appeared in evidence that West, the plaintiff, in 1857, sold to Best a certain tract of land for two thousand five hundred dollars, and executed a deed therefor with covenants of warranty. There being some doubt as to the title, the parties entered into a written agreement, whereby,…
1Opinion of the CourtScott, Judge
This is an action founded on two promissory notes. The payment of the notes was made dependent on the compliance with a condition contained in a collateral agreement. It is obvious that if the performance of the condition was waived by the party in whose behalf it was to have been done, he could not afterwards resist their payment. If the plaintiff had placed his right to a recovery on the ground of a waiver of the performance of the condition, and there had been a verdict in his favor, the judgment would not have been disturbed. But there were instructions given for him which renders a…
2Cited by3 opinions
- Allen v. RansonSupreme Court of Missouri · 1869
- Siemers v. KleeburgSupreme Court of Missouri · 1874
- Mitchell v. PeoplesSupreme Court of Missouri · 1870