Cornett v. Best
Missouri Court of Appeals
Error to DeKalb Circuit Court. — No». Alonso ■ D. Bwnes, Judge. (1) The matters of confession and in avoidance in-plaintiff’s reply was insufficient, and the defendant’s motion for judgment on the pleadings should have been sustained. The conditions precedent to be performed by the plaintiff, were: First.
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Error to DeKalb Circuit Court. — No». Alonso ■ D. Bwnes, Judge. (1) The matters of confession and in avoidance in-plaintiff’s reply was insufficient, and the defendant’s motion for judgment on the pleadings should have been sustained. The conditions precedent to be performed by the plaintiff, were: First. The execution of a general warranty deed on or before the 1st day of February, 1907. Second: Plaintiff to furnish to the defendant an abstract showing a good, merchantable title to the real estate described in the memoranda of sale. Boulware v. Crohn, 122 Mo. App-. 571. Neither of these…
1Opinion of the CourtEllison, J.
This is a suit in replevin. The petition is in the usual form. The answer alleges that the claim of plaintiff to the property is founded on a chattel mortgage executed by defendant to secure the payment of a promissory note of one thousand dollars given by defendant to plaintiff in part payment of the purchase price of a farm plaintiff sold to defendant and that on account of the breach by plaintiff of that *550contract, plaintiff is not entitled to recover and defendant is entitled to a cancellation of the note and mortgage.
In effect the reply admits the facts alleged in the answer except those…
2Cases cited9 opinions
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Turner v. MellierSupreme Court of Missouri · 1875
- Davis v. WatsonMissouri Court of Appeals · 1901
- Curtis v. SextonMissouri Court of Appeals · 1910
- Pilkington v. TriggSupreme Court of Missouri · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- First State Bank v. Reorganized School District R-3, BunkerMissouri Court of Appeals · 1973
- Lewis v. Van HooserMissouri Court of Appeals · 1921
- South Central Enterprises, Inc. v. Farrington (In Re Progressive Farmers Ass'n)United States Bankruptcy Court, W.D. Missouri · 1985
- First State Bank v. Reorganized School District R-3, BunkerMissouri Court of Appeals · 1973