C. P. Deatherage Lumber Co. v. Snyder
Missouri Court of Appeals
Appeal from the JacJcson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The object and root of the contract for building the houses was to furnish security for the loan. This was accomplished and the contract substantially complied with by showing that the houses were as valuable and as good security as built, as they would have been had no changes been made.. Minor changes ■and defects will not prevent recovery.
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Appeal from the JacJcson Circuit Court. — Hon. C. L. Dobson, Judge. (1) The object and root of the contract for building the houses was to furnish security for the loan. This was accomplished and the contract substantially complied with by showing that the houses were as valuable and as good security as built, as they would have been had no changes been made.. Minor changes ■and defects will not prevent recovery. Plaintiffs’ instructions numbers 12 and 5 should have been given and the testimony offered by it on this point should have been admitted. Hoveg v. Pitcher, 13 Mo. 191; Pitcher v.…
1Opinion of the CourtGriLL, J.
In October, 1889, defendant Snyder entered into a contract with one Walker, wherein Snyder agreed to loan Walker $12,000,- to be used in the construction of six houses on some Kansas City lots owned by Walker. Snyder was to take' as security a deed of trust for $2,000 on each house and the real estate it occupied. It was what is called a building loan. Snyder was to pay out the money on Walker’s order, from time to time as the buil dings progressed. It was alleged in the petition, and the evidence quite conclusively shows, that it was agreed by Snyder and Walker that he (Walker) “would erect…
2Cases cited2 opinions
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Halpin v. MannyMissouri Court of Appeals · 1889
3Cited by8 opinions
- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- McDonnell v. StevinsonMissouri Court of Appeals · 1903
- Crapson v. Wallace Bros.Missouri Court of Appeals · 1899
- Carrollton Monument Co. v. GearyMissouri Court of Appeals · 1922
- Herrick v. ManessMissouri Court of Appeals · 1910
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