Martin v. Witty
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. (1) Tlie contract in evidence provided that the five hundred dollars was to be paid upon a certain date, tqwit: the first day of May, 1901, this being the case, it was an independent and absolute promise to pay the amount on that date.
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Appeal from Scotland Circuit Court. — Hon. E. B. McKee, Judge. (1) Tlie contract in evidence provided that the five hundred dollars was to be paid upon a certain date, tqwit: the first day of May, 1901, this being the case, it was an independent and absolute promise to pay the amount on that date. Overton v. Curd, 8 Mo. 420; Portage v. Cole, 1 Saunders 320, note 1. (2) When (as in this case), the promises of both parties are absolute and independent of each other, upon a breach of his promise by one party, the other may sue him without averring that he has performed his own promise and it is…
1Opinion of the CourtBland, P. J.
One Ward made his appearance in Monroe county, Missouri, having in his possession fraudulent abstracts of titles to lands claimed to be situated in the State of Georgia, and designated as head right lands. Relying upon the abstracts, several gentlemen in Monroe county were induced to trade in these lands. J. M. Jayne acquired a deed to the lands and conveyed them to T. R. Senter. Senter, for a valuable consideration, conveyed them to plaintiff who, after receiving his deed, went to the State of Georgia to look up the lands and the title. He ascertained that the abstracts of title were…
2Cited by1 opinion
- Bertig-Smythe v. Bonsack Lumber Co.Missouri Court of Appeals · 1905