Hutchins v. Roundtree
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. E. Geiger, Judge. “Where plaintiff' in an action of covenant of seizin has had the use of the premises, and ceased to be accountable for the use, the rule of damages is the purchase money without interest.
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Appeal from Greene Circuit Court. — Hon. W. E. Geiger, Judge. “Where plaintiff' in an action of covenant of seizin has had the use of the premises, and ceased to be accountable for the use, the rule of damages is the purchase money without interest. Flint v. Steadman, 36 Vt. 210; Collier v. Gamble, 10 Mo. 468 ; Dickson v. Desire, 23 Mo. 163; Prescott v. Trueman, 4 Mass. 627’; Wyman v. Ballard, 12 Mass. 304; Staats v. Ten By eh, 3 Cai. 111. The measure of damages is the purchase money and six per cent interest. Hall v. Bray, 51 Mo. 288. The rule which limits the recovery in an action upon the…
1Opinion of the Court
Philips, C.
This case originated in the probate and common pleas court of Greene county, upon a demand for allowance in favor of respondent against the estate of Thos. Roundtree, deceased, upon a breach of covenant of warranty to forty acres of land conveyed by decedent to respondent in April, 1865. The demand was presented *502and tried at the April term, 1879, on the following agreed statement of facts:
“ It is admitted for the purposes of this trial, that Z. M. Roundtree is the administrator of the estate of Thomas Roundtree, deceased,, for the breach of whose covenant this action is had; that…
2Cases cited7 opinions
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