Hart v. Handlin
Supreme Court of Missouri
Error to First District Court. The fa0tev.9f-.the case sufficiently appear in the opinion of the court. I. The payment of the two notes mentioned in the answer of defendant is a condition precedent to the making of the deed of conveyance. II. The answer does not negative the fact that the contract could be substantially complied with.
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Error to First District Court. The fa0tev.9f-.the case sufficiently appear in the opinion of the court. I. The payment of the two notes mentioned in the answer of defendant is a condition precedent to the making of the deed of conveyance. II. The answer does not negative the fact that the contract could be substantially complied with. (3 Pars, on Cont. 400.) Nor does the answer aver that a third party was using, or ever had or would use or assert the right to use, the pretended right of way on said stairs, or that the removal of the pretended right was essential to defendant. (Cassamajor v.…
1Opinion of the CourtCurrier, Judge
The plaintiff sues to recover the sum due on a promissory note executed by the defendant. The answer admits the execution of the note, but for defense avers in substance that it ivas given in part payment of certain real estate in the town of California, which, as the answer alleges, the defendant was induced to buy 'upon the representation of the plaintiff that his title to the property was perfect and unencumbered; that the defendant, in ignorance of the facts, and relying upon the plaintiff’s representations, made the purchase February 15, 1866, taking the plaintiff’s title bond therefor,…
2Cases cited2 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Luckett v. WilliamsonSupreme Court of Missouri · 1860
3Cited by20 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Hill v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1902
- Key v. JenningsSupreme Court of Missouri · 1877
- Robinson v. SipleSupreme Court of Missouri · 1895
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