Pratt v. Morrow
Supreme Court of Missouri
Appeal from Fourth District Court. I. The objection of plaintiff to the admission of the evidence of the defendant which tended to show a parol release of the contract read in evidence bj plaintiff, should have been sustained, because the contract was under seal, and the burden of the covenant could not be removed otherwise than by an instrument of equal solemnity with that creating it.
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Appeal from Fourth District Court. I. The objection of plaintiff to the admission of the evidence of the defendant which tended to show a parol release of the contract read in evidence bj plaintiff, should have been sustained, because the contract was under seal, and the burden of the covenant could not be removed otherwise than by an instrument of equal solemnity with that creating it. (Rawle on Cov. 368: Rogers v. Payne, 2 Wils. 976; Kaye v. Waghorne, 1 Taunt. 428 ; Cordwent v. Huirt, 8 Taunt. 596; Harris v. Goodwin, 2 Man. & Gran. 405; West v. Blakewáy, id. 729.) II. To render a waiver of…
1Opinion of the CourtBliss, Judge
The plaintiff brought suit in the Linn Circuit Court to recover the purchase money due upon a sealed contract for the sale of land, and the defendant set up a parol rescission of the contract *406and want of title in the plaintiff. Before trial the plaintiff moved to strike out that part of the answer averring want of title, excepted to the overruling of his motion, and claims the benefit of the error. But the record shows that no evidence was offered and no instructions given upon that branch of the case, hence the plaintiff could have suffered no damage from the action of the court in regard to…
2Cases cited8 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Lattimore v. HarsenNew York Supreme Court · 1817
- Stevens v. CooperNew York Court of Chancery · 1815
- Dickerson v. Board of CommissionersIndiana Supreme Court · 1855
- Boyce v. M'CullochSupreme Court of Pennsylvania · 1842
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3Cited by12 opinions
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- Wise v. QuinaDistrict Court of Appeal of Florida · 1965
- Coleman v. ColemanArizona Supreme Court · 1936
- Russell v. BerkstresserSupreme Court of Missouri · 1883
- Carter Realty Co. v. CarlisleSupreme Court of Florida · 1933
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