Bales v. Gilbert
Missouri Court of Appeals
Appeal from the Jackson Circuit Court.'—Hon. James Gibson, Judge. (1) ' Until the price is fixed the contract can not be enforced. The price being an essential ingredient. Ring v. Howard, 27 Mo. 25; St. Louis v. Gas Co., 70 Mo. 103, and citations; Biddle v. McDonough, 15 Mo.
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Appeal from the Jackson Circuit Court.'—Hon. James Gibson, Judge. (1) ' Until the price is fixed the contract can not be enforced. The price being an essential ingredient. Ring v. Howard, 27 Mo. 25; St. Louis v. Gas Co., 70 Mo. 103, and citations; Biddle v. McDonough, 15 Mo. App. 540; Agar v. Macklew, 2 Sim. & S. 418; Morgan v. Millman, 3 De G. M. & G. 24; Baker v. Glass, 6 Munf. 218; Thumald v. Balbirnie, 2 M. & W. 789; Darby v. Whittaker, 4 Drewry .140; Wilkie v. Davis, 3 Mer. 507; Graham v. Call, 5-Munf. 396; Scott v. Liverpoole, 3 De G. & J. 334; Fuller v. Bean, 34 N. II. 304; Hutton v.…
1Opinion of the CourtEllison, J.
Plaintiff purchased of Mrs. Gilbert eighty acres of land. This defendant was in possession as tenant and he attorned to plaintiff. Defendant had constructed improvements on the premises in the way of one or more barns, which he had the privilege of removing at the end of Ms term.
Plaintiff and Mrs. Gilbert therefore agreed in the contract of sale: “Second party further agrees to purchase the barn buildings now on the property he is purchasing, which belong to the present tenant, O. H. Gilbert, at a price to be agreed upon by the parties; in case they can not agree, they are to leave it to…
2Cases cited7 opinions
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Biddle v. RamseySupreme Court of Missouri · 1873
- Murphy v. Northern British & Mercantile Co.Missouri Court of Appeals · 1895
- Hug v. Van BurkleoSupreme Court of Missouri · 1874
- McNees v. Southern InsuranceMissouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stevens v. Norwich Union Fire InsuranceMissouri Court of Appeals · 1906
- Jules Levy & Bro. v. A. Mautz & Co.California Court of Appeal · 1911
- Ferrell v. FerrellSupreme Court of Missouri · 1913