McManus v. Gregory
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, The sales were separate. — Moore v. Bonnet, 40 Cal. 251; Southwell v. Beegley, 5 Ore. 458 ; Jenness v. Wendell, 51 N. H. 66 ; Van Bps v. Schenectady, 12 Johns, 436 ; Wells v. Day, 124 Mass. 38 ; Roots v. Dormer, 4 Barn. & Adol. 77; Emmerson v. Heelis, 2 Taut. 38. Words of exception or reservation in any instrument are regarded as the words of the party in whose favor the exception or reservation is made.
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Appeal from the St. Louis Circuit Court, The sales were separate. — Moore v. Bonnet, 40 Cal. 251; Southwell v. Beegley, 5 Ore. 458 ; Jenness v. Wendell, 51 N. H. 66 ; Van Bps v. Schenectady, 12 Johns, 436 ; Wells v. Day, 124 Mass. 38 ; Roots v. Dormer, 4 Barn. & Adol. 77; Emmerson v. Heelis, 2 Taut. 38. Words of exception or reservation in any instrument are regarded as the words of the party in whose favor the exception or reservation is made. Lofield’s case, 10 Rep. 106 b ; Donnell v. Columbia Ins. Co., 2 Sumn. 366-381; 2Pars. Con. (6th ed.) *505,507. And they would be construed against…
1Opinion of the CourtRombauer, J.
The plaintiff brought an action for specific performance of a contract of sale of real estate. The defendant filed a. general demurrer to the plaintiff’s petition, which the court sustained. The plaintiff refused to plead any further, whereupon the court rendered final judgment in favor of the defendant.
The error complained of is the action of the court in sustaining the defendants’ demurrer. The petition is as follows: “Plaintiff for her amended petition herein filed by leave of court, states that heretofore, to wit: on the 21st day of May, 1883, the defendants then were and now are the…
2Cases cited3 opinions
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Wells v. DayMassachusetts Supreme Judicial Court · 1878
- Putnam v. ShelofNew York Supreme Court · 1815
3Cited by8 opinions
- National Pigments & Chemical Co. v. C. K. Williams & Co.Court of Appeals for the Eighth Circuit · 1938
- Beatty v. MillerIndiana Court of Appeals · 1911
- Harwood v. DiemerMissouri Court of Appeals · 1890
- Enterprise Soap Works v. SayersMissouri Court of Appeals · 1893
- Comstock v. LagerMissouri Court of Appeals · 1899
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