Maybee v. Moore
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Gh D. Burgess, Judge. (1) There being no written contract between J orclan and Maybee, and no possession taken under the verbal arrangement made with Jordan’s agent, there was no valid and binding contract. Adair ». Adair, 68 Mo. 680, and cases cited. And even if defendant, Moore, knew of the condition of the transaction as it then stood, he had a right to buy the land if he could first complete his purchase and procure a conveyance.
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Appeal from Linn Circuit Court. — Hon. Gh D. Burgess, Judge. (1) There being no written contract between J orclan and Maybee, and no possession taken under the verbal arrangement made with Jordan’s agent, there was no valid and binding contract. Adair ». Adair, 68 Mo. 680, and cases cited. And even if defendant, Moore, knew of the condition of the transaction as it then stood, he had a right to buy the land if he could first complete his purchase and procure a conveyance. The fact that Maybee was treating for the land would not prohibit another party from buying if he could. There is nothing…
1Opinion of the Court
Black, J. —
This is a suit against Moore and Jordan, and has for its object the specific performance of a contract whereby defendant Jordan, through his authorized agents, sold the land in question to • the plaintiff. By the contract of sale plaintiff was to have a warranty deed, and was to pay four hundred dollars therefor, one hundred dollars on obtaining the deed and possession, and the remainder in deferred payments secured by deed of trust on the land. Besides a deed made by Jordan to plaintiff and left with his agents, the contract is evidenced by a receipt of the agents for a part of…
2Cases cited3 opinions
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Gardner v. ArmstrongSupreme Court of Missouri · 1862
- Farrar v. PattonSupreme Court of Missouri · 1854
3Cited by11 opinions
- Christiansen v. AldrichMontana Supreme Court · 1904
- Missouri Real Estate Syndicate v. SimsSupreme Court of Missouri · 1904
- Martin v. Ray County Coal Co.Supreme Court of Missouri · 1921
- I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
- Ranck v. WickwireSupreme Court of Missouri · 1914
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