Coleman v. Lucksinger
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Hem. C. A. Den-ton, Judge. (1) Henry, at any time after the conveyance to him, could have brought suit upon the covenant therein and the measure of damages could then have been ‘'the value of the land as fixed by the parties themselves in the price given and received.”
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Appeal from St. Clair Circuit Court. — Hem. C. A. Den-ton, Judge. (1) Henry, at any time after the conveyance to him, could have brought suit upon the covenant therein and the measure of damages could then have been ‘'the value of the land as fixed by the parties themselves in the price given and received.” Dickson v. Desire, 23 Mo. 166. In the case at bar there was an exchange of property and the parties placed the value of each piece of property at $6,000*, and this is a reasonable value as shown by the defendant. The evidence shows that he said he was familiar with the land,, that it was…
1Dissent
DISSENTING OPINION.
WOODSON, J.
The plaintiff instituted this suit in the circuit court of St. Clair county, against the defendant, to recover $10,000 as damages for a breach of covenant of seizin and warranty. A trial was had, which resulted in a judgment for the plaintiff in the sum of one dollar. From that judgment the plaintiff duly appealed.
The facts of the case are practically undisputed, and are substantially as follows, as appears from respondent’s statement of the case, to-wit:
On June 20, 1899, J. A. Lucksinger, the respondent, a resident of St. Clair county, Missouri, executed *19and…
2Cases cited21 opinions
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Chambers' Administrator v. Smith's AdministratorSupreme Court of Missouri · 1856
- Allen v. KennedySupreme Court of Missouri · 1886
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