Hobein v. Frick
Missouri Court of Appeals
Appeal from the Franklin Circuit Court. — Hon. Rudolph Hiezel, Judge. Quantity becomes of the essence of the contract sufficient to support an action of covenant, when it is expressly declared in the deed that the land conveyed contains an exact number of acres, and is not qualified by expressions indicating that the quantity was estimated. 3 Wash. Real Prop. [5 Ed.], star p. 673, top p. 525; Mendenhall v. Steckel, 47 Md. 453, 464; Mar-bury v. Stonestreet, 1 Id. 152; 1 Sug.
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Appeal from the Franklin Circuit Court. — Hon. Rudolph Hiezel, Judge. Quantity becomes of the essence of the contract sufficient to support an action of covenant, when it is expressly declared in the deed that the land conveyed contains an exact number of acres, and is not qualified by expressions indicating that the quantity was estimated. 3 Wash. Real Prop. [5 Ed.], star p. 673, top p. 525; Mendenhall v. Steckel, 47 Md. 453, 464; Mar-bury v. Stonestreet, 1 Id. 152; 1 Sug. Vendors [8 Am. Ed.], 324, et seq.; Eousman v. Adams, Mo. App., last term, not yet reported. Even in cases where the…
1Opinion of the CourtBland, P. J.
This case was argued and submitted at the October term, and an opinion prepared by Judge Biggs. A motion for rehearing was filed and sustained. The case was resubmitted on September 22; has been reargued orally, and an additional brief filed by respondent’s counsel. I am indebted to Judge Biggs for the following full statement of the facts as set forth in the opinion prepared by him.
“On the tenth day of February, 1893, the defendants executed and delivered to the plaintiff their promissory note for one thousand, three hundred dollars, due and payable on March 1, 1895, and with interest from…
2Cases cited3 opinions
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Cabot v. ChristieSupreme Court of Vermont · 1869
- Hardin v. KelleySupreme Court of Virginia · 1892
3Cited by3 opinions
- Hendricks v. VivionMissouri Court of Appeals · 1906
- Corrough v. HamillMissouri Court of Appeals · 1904
- Foster v. ByrdMissouri Court of Appeals · 1906