Robberson v. Clark
Missouri Court of Appeals
Appeal from Greene County Circuit Court.—Hon., Ouy D. Kirby, Judge. (1) Plaintiff did not live up to his contract and cannot recover. Grain Co. v. LeMar, 125 Mo.
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Appeal from Greene County Circuit Court.—Hon., Ouy D. Kirby, Judge. (1) Plaintiff did not live up to his contract and cannot recover. Grain Co. v. LeMar, 125 Mo. App. 139; Kreitz v. Egelhoff, 231 Mo. 694, 703. (2) The plaintiff took a chance on failing to make his payments, after making a portion and losing the amount of those made, and defendants took a chance on plaintiff making a portion of his payments and dying before the expiration of the time, and being required to execute a deed when only'a small portion made. The parties had the right to make the contract. Sness v. Insurance Co., 193…
1Opinion of the CourtSturgis, J.
—The plaintiff recovered judgment for $500 against the defendants, husband and wife, for damages from defendants’ refusal to perform their contract and convey to plaintiff two town lots in an addition to the city of Springfield. The evidence shows that defendants had platted an addition to Springfield, the legal title to which was in the wife, and that they were engaged in selling these lots on time payments. The husband was the active agent of the wife in selling the lots, making contracts with reference *304to the same and in collecting the money. -For this purpose he maintained an office in…
2Cases cited14 opinions
- Boone v. TemplemanCalifornia Supreme Court · 1910
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Melton v. SmithSupreme Court of Missouri · 1877
- Messersmith v. MessersmithSupreme Court of Missouri · 1856
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3Cited by5 opinions
- Plymouth Securities Company v. JohnsonSupreme Court of Missouri · 1960
- Janes v. TowneSupreme Court of Iowa · 1926
- Poole v. RoloffMissouri Court of Appeals · 1962
- Cantrell v. BobardsMissouri Court of Appeals · 1922
- Drake v. Kansas City Public Service Co.Missouri Court of Appeals · 1931