Dermott v. Priddy
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Ron. J. D. Perkins, Judge. (1) By the instruments, Exhibits C and D, signed by plaintiff with others, he clearly bound himself to transfer to,defendant the lease from the Granby company to Dermott. Defendant paid the full purchase price, and was placed in possession of the'lots.
Read the full summary
Appeal from Jasper Circuit Court. — Ron. J. D. Perkins, Judge. (1) By the instruments, Exhibits C and D, signed by plaintiff with others, he clearly bound himself to transfer to,defendant the lease from the Granby company to Dermott. Defendant paid the full purchase price, and was placed in possession of the'lots. This is a perfect answer to any claim by plaintiff for royalty. .(2) This is true even if plaintiff’s contention is believed, and defendant accepted the sublease (Exhibit B.) as his source of title. The title’ as subtenant is merged in that as assignee of the first lease. (3) But…
1Opinion of the CourtSmith, P. J.
This was an action to recover five per cent royalties to which plaintiff claimed he was entitled by the terms and provisions of a certain mining-license. The defendant by his answer pleaded an equitable defense and prayed for certain affirmative relief. The cause was tried by the court resulting in judgment for plaintiff. Defendant appealed.
The evidence adduced by the plaintiff at the trial tends to show that on December 1, 1898, the G-ranby Mining .& Smelting Company entered into a written agreement with the plaintiff whereby the former granted to the latter a license to mine-for lead and…
2Cases cited8 opinions
- Moore v. WingateSupreme Court of Missouri · 1873
- Freeman v. WilkersonSupreme Court of Missouri · 1872
- Cox v. CoxSupreme Court of Missouri · 1886
- Taylor v. CrockettSupreme Court of Missouri · 1894
- Kansas City v. DawleyMissouri Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.