Legal Opinion

Mason v. Payne

Supreme Court of Missouri

Decided March 15, 1871PublishedCited by 21 opinions

Error to St. Louis Circuit Court. This suit was brought to the April, 1869, term of the St. Louis Circuit Court, to divest title out of respondents and to vest it in appellant, Edwin R. Mason, as trustee of Mary C. Mason. This was an offer to sell, and if there is any doubt as to the terms and conditions of sale, it will be construed against the vendor. (Page v. Hughes, 2 B. Monr. 442 ; D’Arras v. Keyser, 26 Penn. 254; Souffrain y.

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Error to St. Louis Circuit Court. This suit was brought to the April, 1869, term of the St. Louis Circuit Court, to divest title out of respondents and to vest it in appellant, Edwin R. Mason, as trustee of Mary C. Mason. This was an offer to sell, and if there is any doubt as to the terms and conditions of sale, it will be construed against the vendor. (Page v. Hughes, 2 B. Monr. 442 ; D’Arras v. Keyser, 26 Penn. 254; Souffrain y. McDonald, 27 Ind. 276; Kerr v. Purdy, 50 Barb. 24 ; Collins v. Van Dorn, 1 Clarke, Iowa, 578 ; Seaton v. Mapp, 2 Coll. C. C. 556 ; Greaves v. Wilson, 25 Beav.…

1Opinion of the CourtBliss, Judge

Defendant’s ancestor executed to the plaintiff a lease of certain lands in St. Louis county for the terna of one hundred years, which lease contained the following agreement:

“And it is further agreed that at any time within five years from the date of these presents, said party of the second part, his heirs or assigns, shall have the privilege of purchasing the fee simple of the aforesaid described tract of land hereby leased, the said party of the second part paying therefor at the rate of $200 per acre, one-fourth paid down in cash and the remainder to be paid in threé equal annual payments…

2Cases cited2 opinions

  1. Collins v. VandeverSupreme Court of Iowa · 1855
  2. Kerr v. PurdyNew York Supreme Court · 1866

3Cited by21 opinions

  1. Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
  2. Donovan v. BoeckSupreme Court of Missouri · 1909
  3. Wimer v. WagnerSupreme Court of Missouri · 1929
  4. Larned v. WentworthSupreme Court of Georgia · 1901
  5. Abell v. BishopMontana Supreme Court · 1930

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