Cooper v. Stockton
Supreme Court of Missouri
Appeal from Gentry Circuit Court. The obligee had the right, without payment or ¿ender of the purchase money, on the conveyance to Liggett, to treat the original contract as rescinded and sue for his purchase money and damages, (Hill. Vend., 2nd. Ed., 250,) and that even though the vendor might receive back the title before the time at which he agreed to perfect the title to plaintiff. (2 Pars.
Read the full summary
Appeal from Gentry Circuit Court. The obligee had the right, without payment or ¿ender of the purchase money, on the conveyance to Liggett, to treat the original contract as rescinded and sue for his purchase money and damages, (Hill. Vend., 2nd. Ed., 250,) and that even though the vendor might receive back the title before the time at which he agreed to perfect the title to plaintiff. (2 Pars. Cont., 5th Ed., 256 ; see generally, Hurd vs. Denny, 16 III., 492; Miller vs. White, 32 Me., 203; Trinklé vs. Reeves, 25 III., 214; Burke vs. Pollack, 30 111., 828; Gray vs. Dougherty, 25 Cal., 266.)…
1Opinion of the CourtNapton, Judge
The petition, in this case, states that in 1869, the plaintiff bought of defendant a certain tract of land in Gentry county, for which he agreed to pay $800, and paid down $191.50, and gave his note for the remainder. The defendant then executed a bond, in the sum of $1,600, obligating him to convey to plaintiff, so soon as plaintiff should pay the full amount of said note. This obligation, it is said, is lost, and cannot be produced, and the plaintiff is unable to furnish a copy. Plaintiff alleged that afterwards he, plaintiff, paid to defendant, at different times, the sum of $118.75 on…
2Cases cited5 opinions
- Robb v. MontgomeryNew York Supreme Court · 1822
- Smith v. BusbySupreme Court of Missouri · 1852
- Greenby v. CheeversNew York Supreme Court · 1812
- Hurd v. DennyIllinois Supreme Court · 1855
- People ex rel. Polhemus v. LoewyCalifornia Supreme Court · 1865
3Cited by1 opinion
- Mister v. City of KansasMissouri Court of Appeals · 1885