Burns v. Freling
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hem. W. B. Teasdale, Judge. (1) Plaintiff was required to assume as a part of tile purchase price the $1,600 mortgage mentioned in the contract. This was a material and essential element in the contract. The plaintiff is solvent and his solvency the defendant is entitled to the benefit of, by the assumption of this mortgage.
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Appeal from Jackson Circuit Court. — Hem. W. B. Teasdale, Judge. (1) Plaintiff was required to assume as a part of tile purchase price the $1,600 mortgage mentioned in the contract. This was a material and essential element in the contract. The plaintiff is solvent and his solvency the defendant is entitled to the benefit of, by the assumption of this mortgage. The facts show that instead of plaintiff Burns offering to accept a deed direct to himself, containing an assumption of this deed of trust, he tendered a warranty deed to defendant Freling, running to Barbara Fitzpatrick, and by this…
1Opinion of the CourtEllison, J.
This is an action for damages on account of an alleged breach of written contract for the sale of real estate. Plaintiff recovered judgment in the trial court.
*270It appears that the land was owned by defendant’s wife and that plaintiff addressed a written communication to her agents proposing “to purchase the following property, lot 13, block A, in Pratt’s addition to the city of Kansas at and for the sum and price of $3,000, payable as follows: I agree to assume an incumbrance now on the property of $1,600 and pay $1,400 cash at the delivery of a good and sufficient deed of general warranty to…
2Cases cited8 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Boyd v. PaulSupreme Court of Missouri · 1894
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Fox v. CourtneySupreme Court of Missouri · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Boulware v. CrohnMissouri Court of Appeals · 1907
- Cornett v. BestMissouri Court of Appeals · 1910