Banks v. Burnam
Supreme Court of Missouri
Appeal from, Boone Circidt Court. This suit was for specific performance of a written contract for the exchange of lands, plaintiff claiming that in pursuance of its terms he had offered to give defendant title by sufficient deed, which contract defendant repudiated, etc. The case of Burnam v. Banks, referred to by the court is evidently that reported in 45 Mo., 349.
1Opinion of the CourtNapton, Judge
It is impossible for us to decide this case upon the merits. If we could assume the statements of the conn sel as correct, we should have no hesitation in reversing the judgment, for *77it is obvious that the court did not decide the case on the real matter in controversy, but dismissed the bill on a slight mistake in the phraseology of a deed. But the record shows a commencement of this suit in 1872, more than four years after it is agreed that defendant repudiated the contract, refused to comply with it, and gave notice to that effect to plaintiff. This of course superseded the necessity of…
2Cited by12 opinions
- Knorp v. ThompsonSupreme Court of Missouri · 1943
- Smith v. BerrymanSupreme Court of Missouri · 1917
- Fletcher Savings & Trust Co. v. American State BankIndiana Supreme Court · 1925
- SHELBY NAT'L. BK., ADM. v. MillerIndiana Court of Appeals · 1970
- Gibson v. BucknerSupreme Court of Arkansas · 1898
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