Aiple-Hemmelmann Real Estate Co. v. Spelbrink
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — if o». Jno. W. McElhinney, Judge. (1) The testimony shows that it was the intention of the parties to reduce the contract shown in evidence to writing, and sign the same “in triplicate,” and the written instrument shows upon its face that it was to be executed “in triplicate” before being binding upon either, and until so executed, it was inchoate; it was not admissible in evidence for any purpose, not even against the party…
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Appeal from St. Louis County Circuit Court. — if o». Jno. W. McElhinney, Judge. (1) The testimony shows that it was the intention of the parties to reduce the contract shown in evidence to writing, and sign the same “in triplicate,” and the written instrument shows upon its face that it was to be executed “in triplicate” before being binding upon either, and until so executed, it was inchoate; it was not admissible in evidence for any purpose, not even against the party executing it, and the objection to it should have been sustained. Greene v. Cole, 103 Mo. 70; Crane v. Portland, 9 Mich.…
1Opinion of the Court
IN BANC.
WOODSON, J.
— Upon reargument and after due consideration, the opinion of Woodson, J., delivered in Division No. 1, is adopted as the opinion of this court, except in the following matter:
Since counsel for respondent stated in open court that if the court should conclude that it was not entitled to a deduction of any sum from the purchase price of *680the property on account of the existence of the inchoate right of dower of his wife therein, and that in that event it would be willing to accept the general warranty deed of Louis Spelbrink alune conveying to it said property without such a…
2Cases cited22 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Scribner v. CollarMichigan Supreme Court · 1879
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Alexander v. North-Western Christian UniversityIndiana Supreme Court · 1877
- Rumsey v. OtisSupreme Court of Missouri · 1896
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3Cited by25 opinions
- Trotter v. LewisCourt of Appeals of Maryland · 1946
- Rockhill Tennis Club of Kansas City v. VolkerSupreme Court of Missouri · 1932
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Suhre v. BuschSupreme Court of Missouri · 1938
- Lively v. TaborSupreme Court of Missouri · 1937
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