Anderson v. Truitt
Missouri Court of Appeals
Appeal from the Boone Circuit Cowrt. — Hon. John A. Hockaday, Judge. The court erred in giving and refusing instructions. Hartnell v. Crumb, 90 Mo. 629. The rule as to the measure of damages is the same in sales both of real and personal property. Hartnell v. Crumb, 90 Mo. 637, 638, and cases cited; Kirkpatrick v. Downing, 58 Mo. 32, and cases cited.
1Opinion of the CourtSmith, P. J.
— The plaintiff was the owner of forty acres of improved land situate in Boone county, and, •desiring to sell the same, he caused it to be advertised for sale in one of the newspapers published in Columbia, the county seat of the county. The terms ■of the sale stated in the advertisement were one third •cash, the balance in one and two years. At the sale made in pursuance of the advertisement the defendant was the highest bidder at the price of $1,505. A few ■days after the sale the plaintiff caused a proper deed ■to be tendered the defendant, conveying to him the title thereto. The defendant…
2Cases cited2 opinions
- Barnard v. DuncanSupreme Court of Missouri · 1866
- Webster v. HobanSupreme Court of the United States · 1813
3Cited by1 opinion
- Sheehy v. GalipeauNew Jersey Superior Court Appellate Division · 1957