Tufts v. Wynne & Thompson
Missouri Court of Appeals
Appeal from the Mercer Circuit Court. — Hon. G. D. Burgess, Judge. (1) Defendants, by their notes sued on, made an unconditional promise to pay, and the court was. not warranted in making another, or in anywise changing the written contract entered into by the parties. Snyder v. Murdock, 51 Mo. 175; Walker v. Owen, 79 Mo. 56B; Weaver v. Lapsley, 42 Ala. 601; s. c., 94 Am.
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Appeal from the Mercer Circuit Court. — Hon. G. D. Burgess, Judge. (1) Defendants, by their notes sued on, made an unconditional promise to pay, and the court was. not warranted in making another, or in anywise changing the written contract entered into by the parties. Snyder v. Murdock, 51 Mo. 175; Walker v. Owen, 79 Mo. 56B; Weaver v. Lapsley, 42 Ala. 601; s. c., 94 Am. Rep. 671; Burnley v. Tufts, 66 Miss. 49; s. c., 5 S. W. Rep. 627; Tufts v. Griffin, 12 S. E. Rep. 68 ; Barrotes v. Anderson, 3 Cent. L. J. 413; Davis v. Smith, 15 Mo. 408. (2) Where a party accepts possession of real estate…
1Opinion of the CourtGJ-ill, J.
— This is a suit on five promissory notes given by defendants for part of purchase price of a soda fountain purchased of plaintiff. By the contract of sale, as evidenced in the notes and a separate contract duly executed and recorded, the title was not to pass until the entire purchase price was paid. Under the contract, defendants received and took the apparatus into their possession, and used it in all respects as their own. Without any fault on their part, and before any default in the payment of the purchase money, the property was destroyed by fire. The court found for defendants, and…
2Cases cited3 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Snyder v. MurdockSupreme Court of Missouri · 1872
- Gould v. MurchSupreme Judicial Court of Maine · 1879
3Cited by12 opinions
- Holt Manufacturing Co. v. JaussaudWashington Supreme Court · 1925
- Marion Manufacturing Co. v. BuchananTennessee Supreme Court · 1906
- LaValley v. RavennaSupreme Court of Vermont · 1905
- Exposition Arcade Corp. v. Lit Bros.Supreme Court of Virginia · 1912
- Whitlock v. Auburn Lumber Co.Supreme Court of North Carolina · 1907
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