Nearen v. Bakewell
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. J. L. Thomas, Judge. . (1) Inadequacy of price alone' will not warrant a court of equity in relieving against or setting aside a contract. Holmes v. Fresh, 9 Mo. 201; Carter v. Aleshire, 48 Mo. 300; Phillips v. Stewart, 59 Mo. 491; Stoffel v. Schroecler, 62 Mo. 147. Bakewell, even after the first notes were due, offered, by letter, to accept $800 for the land.
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Appeal from Jefferson Circuit Court. — Hon. J. L. Thomas, Judge. . (1) Inadequacy of price alone' will not warrant a court of equity in relieving against or setting aside a contract. Holmes v. Fresh, 9 Mo. 201; Carter v. Aleshire, 48 Mo. 300; Phillips v. Stewart, 59 Mo. 491; Stoffel v. Schroecler, 62 Mo. 147. Bakewell, even after the first notes were due, offered, by letter, to accept $800 for the land. (2) The evidence does not make a case of misrepresentations authorizing the relief asked. (1) The trial court had the witnesses before it, and heard and passed on their testimony. It made an…
1Opinion of the CourtBrace, J.
On the first of January, 1887, the defendant, Judith I. Bakewell, being the owner to her separate use of an eighty-acre tract of land in Jefferson county, Missouri, through her husband, acting as her agent, sold the same to plaintiffs for $1,200, $200 of which was paid in cash, and for the remainder plaintiffs executed ten promissory notes of that date, each for the sum of $100, payable with interest at the rate of eight per cent., one on the first day of January of each successive year thereafter for ten years; and thereupon received a deed from the said Judith and husband, and to secure the…
2Cited by13 opinions
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Barber Asphalt Paving Co. v. HezelSupreme Court of Missouri · 1897
- Overton v. OvertonSupreme Court of Missouri · 1895
- Vandergrif v. BrockSupreme Court of Missouri · 1900
- Reed v. ColpSupreme Court of Missouri · 1908
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