Grand Lodge of Masons v. Knox
Supreme Court of Missouri
•Appeal from Marion Circuit Court. This was an action upon two bonds for the payment of one thousand dollars each. The defendant, in his answer, set up as a defence that the bonds were given for part of the purchase money of what was known as the Marion College tract of land, with the buildings and improvements thereon situate, bought by him of plaintiff; that the contract of sale was made on the the 21st of September, 1849, and the bonds executed and delivered on the 29th…
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•Appeal from Marion Circuit Court. This was an action upon two bonds for the payment of one thousand dollars each. The defendant, in his answer, set up as a defence that the bonds were given for part of the purchase money of what was known as the Marion College tract of land, with the buildings and improvements thereon situate, bought by him of plaintiff; that the contract of sale was made on the the 21st of September, 1849, and the bonds executed and delivered on the 29th of October following ; that at the time of the sale, “there -were within and permanently attached to, and constituting a…
1Opinion of the CourtLeonard, Judge
The question to be decided here is, whether a purchaser of real property may set up, in diminution of the price, the value of fixtures upon the premises during the treaty and embraced in the sale, which the vendors subsequently, and before the completion of the transaction, removed and appropriated to their own use, without the consent or knowledge, and against the will of the purchaser. This claim having been set up in the answer and the evidence rejected upon the trial, the judgment must be reversed, if the rejected evidence ought to have been retained in the cause. The record does not show…
2Cases cited4 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Allister v. ReabNew York Supreme Court · 1830
- Ives & M'Carty v. Van Epps & ShattuckNew York Supreme Court · 1839
- House v. MarshallSupreme Court of Missouri · 1853
3Cited by8 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- State v. WeatherbySupreme Court of Missouri · 1939
- Emery v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1883
- Gordon v. BrunerSupreme Court of Missouri · 1872
- Fricke v. W. E. Fuetterer Battery & Supplies Co.Missouri Court of Appeals · 1926
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