Richey v. Burnes
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. W. H. Sherman, Judge. The transaction between Richey and Burnes was not-an absolute sale but depended on Stumpff’s exchanging his house and lot for the mining stock. Where a sale depends on condition no title passes until the condition has been performed. Ridgeway v. Kennedy, 52 Mo. 24; Barrow v. Coles, 3 Camp. 92; Rogers v. Whitehouse, 71 Me. 222; Benjamin on Sales (4 Amer.
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Appeal from Buchanan Circuit Court. — Hon. W. H. Sherman, Judge. The transaction between Richey and Burnes was not-an absolute sale but depended on Stumpff’s exchanging his house and lot for the mining stock. Where a sale depends on condition no title passes until the condition has been performed. Ridgeway v. Kennedy, 52 Mo. 24; Barrow v. Coles, 3 Camp. 92; Rogers v. Whitehouse, 71 Me. 222; Benjamin on Sales (4 Amer. Ed.) secs. 366, 392, 425. If possession of chattels be delivered under a contract of sale dependent upon a condition to be performed the right of possession under such contract…
1Opinion of the Court
Ewing, C.
Plaintiff brought suit to recover the possession of certain personal property of the alleged value of four hundred dollars. Burnes answered, denying the allegations of the petition; alleged himself to be the owner of the property, and demanded a return thereof.
After all the evidence was in, the court gave the following instruction, at the instance of the defendant:
“The jury are instructed that under the pleadings .■and evidence in this case they will find for the defendant, and the jury will, also, assess the value of the property taken at the time, to-wit: the 19th day of April,…
2Cases cited7 opinions
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Chapman v. KerrSupreme Court of Missouri · 1883
- Mix v. KepnerSupreme Court of Missouri · 1883
- Pope v. JenkinsSupreme Court of Missouri · 1860
- Holliday v. JonesSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- M. F. A. Cooperative Ass'n of Mansfield v. MurrayMissouri Court of Appeals · 1963
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- O'Malley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Willison v. SmithMissouri Court of Appeals · 1895
- Fergusson v. ComfortMissouri Court of Appeals · 1916
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