Boulware v. Crohn
Missouri Court of Appeals
Appeal from Ralls Circuit Court. — Hon. David H. Bby, Judge. (1) Instructions 1 and 2 given for plaintiff are to be read as one instruction. By them the court peremptorily instructed a verdict for plaintiff, because defendant had not placed the deed in escrow within the thirty days, and directed a verdict for the return of the portion of the purchase money paid by plaintiff, $500 and interest.
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Appeal from Ralls Circuit Court. — Hon. David H. Bby, Judge. (1) Instructions 1 and 2 given for plaintiff are to be read as one instruction. By them the court peremptorily instructed a verdict for plaintiff, because defendant had not placed the deed in escrow within the thirty days, and directed a verdict for the return of the portion of the purchase money paid by plaintiff, $500 and interest. It was the duty of Boulware, if he desired to rescind for such breach, to do so at once by notifying the defendant to that effect. Melton v. Smith, 65 Mo. 315; Mastin v. Grimes, 88 Mo. 478; Kirk v.…
1Opinion of the CourtGoode, J.
(after stating the facts). — On September 29, 1903, plaintiff and defendant entered into a written contract by which defendant agreed to sell plaintiff a farm in Ralls county. The price was to be $3,280, of which $500 was paid on the day of the execution of the contract and the remainder ($2,780) was to be paid March 1, 1904. The terms of the contract which need to be noticed were substantially these: The farm was to be turned over to plaintiff on or before March 1,1904, in as good condition and repair as it was at the date of the contract (September 29, 1903), usual or ordinary wear and tear…
2Cases cited28 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Loudenback Fertilizer Co. v. Tennessee Phosphate Co.Court of Appeals for the Sixth Circuit · 1903
- Wilson v. RootsIllinois Supreme Court · 1887
- Prentice v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1879
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- Laswell v. National Handle Co.Missouri Court of Appeals · 1910
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