Fields v. Baum
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) This is certainly a case in which a demand is-necessary before a suit ; section 1018, Revised Statutes, does not apply to a case like this, in which a notice and demand is necessary to fix a liability and give a cause of action to the plaintiffs.
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Appeal from the Jaclcson Circuit Court. — Hon. J. H. Slover, Judge. (1) This is certainly a case in which a demand is-necessary before a suit ; section 1018, Revised Statutes, does not apply to a case like this, in which a notice and demand is necessary to fix a liability and give a cause of action to the plaintiffs. Welsh v. Taylor, 38 Mo. 545; State v. Mooney, 65 Mo. 494; Lobdell v. Hopkins, 5 Cow. 516; Beardsley v. Boyd, 37 Mo. 180; Boss v. Clark, 27 Mo. 549; Daily v. Sharkey, 29 Mo.. App. 518. There is no pretense in this case that any demand was ever made or any notice ever given to the…
1Opinion of the Court
Smith. P. J.
March, 1886, defendant’s testator sold a tract of land in Jackson county to the respondents, on which they made payment of five hundred dollars as earnest money. The written contract of sale contained this provision:' “ Should the title be pronounced defective by the purchasers’ attorney, this contract shall be void and the five hundred dollars hereby paid shall be returned to W. S. Field and J. L. Wheeler.” The title to the land turned out to be defective and was so pronounced by plaintiff’s attorney, a few days after the contract was made; and this is an action on the written…
2Cases cited5 opinions
- Southgate v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1875
- Carver v. ThornhillSupreme Court of Missouri · 1873
- Weil v. TylerSupreme Court of Missouri · 1866
- Cowen v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1871
- Saxton v. AllenSupreme Court of Missouri · 1872
3Cited by1 opinion
- Stone v. Wolfskill Bros.Missouri Court of Appeals · 1894