Leitch v. Miller
Missouri Court of Appeals
Appeal from, the Clay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) This is a suit on a c on tract for sale of a lease, at a price to be fixed by “appraisers.” Leonard v. Cox, 64 Mo. 34. And the contract is an entirety, the consideration for one part being the consideration for every part. 3 Amer. & Eng.
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Appeal from, the Clay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) This is a suit on a c on tract for sale of a lease, at a price to be fixed by “appraisers.” Leonard v. Cox, 64 Mo. 34. And the contract is an entirety, the consideration for one part being the consideration for every part. 3 Amer. & Eng. Ency., p. 916, and numerous cases in note 93. (2) The court erred in overruling the plaintiffs’ “demurrer,” and in admitting evidence on part of defendant, because: First. Said answer did not allege defendant was injured or damaged by said supposed “ bias” or “prejudice.” Second. Said…
1Opinion of the CourtGtILL, J.
In February, 1888, plaintiffs occupied a farm of two hundred acres as lessees of Mrs. Miller, the defendant, the lease expiring by its terms March 1, 1889, and at a rental of five -hundred and fifty dollars per annum. About this time Mrs. Miller sold the farm, and agreed with the purchaser to give possession on March 1, 1888. With the view of complying with this undertaking defendant sought to arrange with the lessees, Leitch Bros., for a surrender of their unexpired term. The defendant’s son, Dr. Miller, represented her in the entire transaction; and after some negotiations agreed upon terms…
2Cases cited2 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Estes v. FrySupreme Court of Missouri · 1887
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