Kirkpatrick v. Downing
Supreme Court of Missouri
Appeal from, Knox Circuit Court. I. Tlie rule which makes a vendor liable for the value of the land he agreed to convey, at the time he ought to have conveyed, and for no more, is equal and just. This-is the measure of damages applicable to the case.
Read the full summary
Appeal from, Knox Circuit Court. I. Tlie rule which makes a vendor liable for the value of the land he agreed to convey, at the time he ought to have conveyed, and for no more, is equal and just. This-is the measure of damages applicable to the case. The consequence is that when the vendor refuses to convey, the vendee not having paid the purchase money, the vendee Í3 entitled to the full value of the premises on the day of the breach of contract minus the purchase money, remaining unpaid. If the land is not equal in value to the residue of the purchase money, the vendee is not damaged. This…
1Opinion of the CourtWagner, Judge
The plaintiff, Kirkpatrick, filed his petition, in -which he stated that on the 25th of August, 1857, the defendant, Downing, was owner in fee of 160 acres of land, which was therein described; and that on the same day Downing sold the same to Kirkpatrick,for the sum of $3,200,and executed to him a title bond therefor; that Kirkpatrick paid in money and property $500 at the time, and gave his five several promissory notes for the balance, each for the sum of $510, and payable respectively, in one, two, three, four and five years ; that, by the terms of the bond, Downing was to make a deed to…
2Cases cited11 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Baldwin v. MunnNew York Supreme Court · 1829
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Bush v. . ColeNew York Court of Appeals · 1863
- Whiteside v. JenningsSupreme Court of Alabama · 1851
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Phillips v. HerndonTexas Supreme Court · 1890
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Aloe v. Mutual Reserve Life Ass'nSupreme Court of Missouri · 1899
- Kempner v. CohnSupreme Court of Arkansas · 1886
20 more not listed; retrieve them via the Exa API.