Mitchner v. Holmes
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. B. H. Field,. Judge. (1) That the title offered by the sellers, as shown by the abstract as certified by Schueler & Company, under date of March 24, 1888, on page 82 of the abstract, was-not such a good and marketable title as the sellers-were bound by their contract to furnish, see Pomeroy on Contracts, p. 278, sec. 198 to 203. Duckett v. Williamson, 31 Mo. 54; Taylor v. Williams, 45 Mo. 80; Mastin v. Grimes, 88 Mo. 478; Hymers v.…
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Appeal from Jackson Circuit Court. — Hon. B. H. Field,. Judge. (1) That the title offered by the sellers, as shown by the abstract as certified by Schueler & Company, under date of March 24, 1888, on page 82 of the abstract, was-not such a good and marketable title as the sellers-were bound by their contract to furnish, see Pomeroy on Contracts, p. 278, sec. 198 to 203. Duckett v. Williamson, 31 Mo. 54; Taylor v. Williams, 45 Mo. 80; Mastin v. Grimes, 88 Mo. 478; Hymers v. Branch, 6 Mo. App. 511; Fry on Specific Performance [3 Ed.],, sec. 573-579; Brooklyn v. Armstrong, 45 N. Y. 235; Jordon…
1Opinion of the CourtGantt, P. J.
— On the eighth day of September, 1887, Mrs. Lydia A. Holmes, and her daughter, Laura Holmes, claiming to be the owners of five and eighty-five one hundredths acres of land in Kansas City, Missouri, entered into a contract for the sale thereof to Frank B. Mitchner, for $44,000, to be paid as follows: One thousand (1,000) dollars at signing of this contract, the receipt whereof is hereby acknowledged by the sellers and which is deposited with William Holmes as part of the consideration of the sale, and the balance 'whereof is to be payable in the following manner, to-wit: Thirteen thousand,…
2Cases cited15 opinions
- Cragin v. PowellSupreme Court of the United States · 1888
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Rutherford v. TracySupreme Court of Missouri · 1871
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Agan v. ShannonSupreme Court of Missouri · 1890
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- Beck v. Gulf Production Co.Court of Appeals of Texas · 1938
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