Brown v. Brown
Supreme Court of Missouri
Appeal from Balls Circuit Court.—Hon. I. C. Dempsey, Special Judge. (1) The court erred in applying the credit of $695.50 (representing the wheat transaction) on the purchase price of the farm.
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Appeal from Balls Circuit Court.—Hon. I. C. Dempsey, Special Judge. (1) The court erred in applying the credit of $695.50 (representing the wheat transaction) on the purchase price of the farm. The farm in question not being the separate estate of the respondent, her husband was entitled to the possession of rents, profits and proceeds of the same, and having reduced the proceeds of said wheat crop to his possession by sale to the mill he had the right to apply the same on any indebtedness from him to appellant. Dillenberger v. Wrisbery, 10 Mo. App. 465; Tillman v. Tillman, 50 Mo. 40; State…
1Opinion of the CourtMacfaklane, J.
This is a suit for the specific performance of a contract for the sale of a farm in Ralls county. Plaintiff is a married woman and charged in her petition that she purchased the farm of defendant by written contract, on the twelfth day of August, 1871, for which she agreed to pay $3,000, of which $1,500 was to be paid during the year 1872, but no time was fixed for the payment of the balance ; that defendant agreed, when the whole amount should be paid, to make her a deed to the land, and that it was expressly agreed that no interest should be exacted on these payments.
She charged further…
2Cases cited4 opinions
- Allen v. McCabeSupreme Court of Missouri · 1887
- Horrigan v. WellmuthSupreme Court of Missouri · 1883
- Beck v. HaasSupreme Court of Missouri · 1892
- Mott v. PurcellSupreme Court of Missouri · 1889
3Cited by13 opinions
- Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
- Williamson v. NeevesWisconsin Supreme Court · 1897
- Trimble v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1904
- Wisecup v. American InsuranceMissouri Court of Appeals · 1914
- Estes v. FrySupreme Court of Missouri · 1901
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