Orr v. Zimmerman
Supreme Court of Missouri
Appeal from Clinton Circuit Court. I. By tbe terms of the contract with Ann M. Webb, the Han. & St. Jo. R. R. Co. reserved the right to terminate it, to re-enter and re-sell for non-payment of the purchase money, or for a failure to pay the taxes assessed upon the land. In both particulars respondent was in default for the years 1869 to 1873, inclusive, a period of .five years.
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Appeal from Clinton Circuit Court. I. By tbe terms of the contract with Ann M. Webb, the Han. & St. Jo. R. R. Co. reserved the right to terminate it, to re-enter and re-sell for non-payment of the purchase money, or for a failure to pay the taxes assessed upon the land. In both particulars respondent was in default for the years 1869 to 1873, inclusive, a period of .five years. The exercise of this right reserved is a proceeding in affirmance of the contract, and not in rescission of it — it is enforcing a remedy expressly reserved by the contract itself, and the vendor does not have to put…
1Opinion of the CourtNapton, Judge
To understand the object of this proceeding, it will be most convenient to state the facts upon which it is based, especially as they mainly appear from written documents, contracts, receipts, deeds, etc.
The petition was filed in 1873. On the 1st of February, 1866, the Han. & St. Jo. R. R. Co. sold to one Ann M. Webb eighty acres of land for $1,360, or $17 per acre, payable in ten annual instalments, of $136 each, with interest at six per cent., payable annually in advance, the first payment to be made February 1,1867, and others at the corresponding date of succeeding years, the last payment…
2Cases cited1 opinion
- Hansbrough v. PeckSupreme Court of the United States · 1867
3Cited by4 opinions
- Hukill v. MyersWest Virginia Supreme Court · 1892
- Douglas v. HanburyWashington Supreme Court · 1909
- Denniston v. Kenova Oil Co.Court of Appeals of Kentucky · 1920
- Lasar v. BaldridgeMissouri Court of Appeals · 1888