Olmstead v. Smith
Supreme Court of Missouri
.Appeal from JaoJcson Circuit Court. — Hon. P. M. ... Black, Judge. (1) The petition does not state a cause of action. {a) Because it asks fora judgment for purchase money of real estate and yet does not tender a deed and fails to-allege that a deed had been tendered or delivered to defendants. Scudder ®. Waddingham, 7 Mo. App. 26, and cases cited.
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.Appeal from JaoJcson Circuit Court. — Hon. P. M. ... Black, Judge. (1) The petition does not state a cause of action. {a) Because it asks fora judgment for purchase money of real estate and yet does not tender a deed and fails to-allege that a deed had been tendered or delivered to defendants. Scudder ®. Waddingham, 7 Mo. App. 26, and cases cited. (5) A deed in escrow is not delivered. 3 Washburn Real Prop., side pages 585-6; Townsend ?;. Hawkins, 45 Mo. 236 ; Melton et al. v. Coffelt, 59 Ind. 310, , (e) The second subdivision of the answer was a good defence as against an action for the…
1Opinion of the Court
Norton,-J.
This suit is based on the following agreement
“Whereas, George P. Olmstead has this day. sold Smith & Keating all of lot six (6) in block five •(5) in Lucas place, addition to Kansas City, Missouri, for the sum of nine thousand dollars. And whereas, the said Olmstead and wife have this day duly signed and acknowledged a proper deed of conveyance. And whereas, it is mutually agreed that .said deed, .shall . not be delivered; until November 1, 1882 ; and whereas, said mine thousand dollars is to be *605paid upon the said November 1, 1832; therefore, is it mutually agreed that said Olmstead…
2Cited by19 opinions
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Fisher & Co. Real Estate Co. v. Staed Realty Co.Supreme Court of Missouri · 1901
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- Davis v. WatsonMissouri Court of Appeals · 1901
- Farmers Bank v. Manchester Assurance Co.Missouri Court of Appeals · 1904
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