Reed v. Crane
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The petition did not state a cause of action. To state a cause of action it was necessary that the petition show that the plaintiff had such a right. “A man can not grant that which he hath not actually or potentially at the time of the grant.” Wilson v. Wilson, 11 Am. Rep. 522; Benj. on Sales, sec. 50; Bishop on Cont., sec. 587; Hatten v. Randall, 48 Mo. App. 203; Schlanker v. Smith, 27 Mo.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) The petition did not state a cause of action. To state a cause of action it was necessary that the petition show that the plaintiff had such a right. “A man can not grant that which he hath not actually or potentially at the time of the grant.” Wilson v. Wilson, 11 Am. Rep. 522; Benj. on Sales, sec. 50; Bishop on Cont., sec. 587; Hatten v. Randall, 48 Mo. App. 203; Schlanker v. Smith, 27 Mo. App. 522; Morris v. White, 83 Mo. App. 194; Beatie v. Coal Co., 56 Mo. App. 221; 1 Beach on Cont., secs. 222, 223, 224; Rutledge v.…
1Opinion of the CourtSmith, P. J.
The petition alleged that plaintiff and one Cook had an option dated April 5, 1899, from the trustees of the estate of George C. Host, deceased, to purchase certain real property (describing it) ; that afterwards, on the twenty-fifth day of said month, defendant, in consideration of an agreement by plaintiff that he (defendant) might make sale of said land during the life of his said option and of the surrender of said option to him, agreed that he would pay plaintiff one thousand dollars if said property was sold under said option, or if said option was renewed, or if he directly or…
2Cases cited8 opinions
- Barker v. ScudderSupreme Court of Missouri · 1874
- Moore v. DixonSupreme Court of Missouri · 1872
- Carr & Co. v. EdwardsSupreme Court of Missouri · 1821
- Kratz v. StockeSupreme Court of Missouri · 1868
- Callaway v. FashSupreme Court of Missouri · 1872
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