Terte v. Maynard
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — IIon. James Hibson, Judge. (1) The court erred in permitting defendant to introduce evidence of the defects he found in his. ‘abstract. The provision in the contract, that in case the abstract showed a defective title, and the defect could not be cured within thirty days, then the same-was to be void, could not be taken advantage of by the defendant, but was designed for the benefit of the plaintiff. Hale o.
Read the full summary
Appeal from the Jackson Circuit Court. — IIon. James Hibson, Judge. (1) The court erred in permitting defendant to introduce evidence of the defects he found in his. ‘abstract. The provision in the contract, that in case the abstract showed a defective title, and the defect could not be cured within thirty days, then the same-was to be void, could not be taken advantage of by the defendant, but was designed for the benefit of the plaintiff. Hale o. Cravener, 128 111. 408; Roberts v. Wyatt,. 2 Taunt. 268. The defendant, knowing he had no title, in contracting to convey a title, did so at his…
1Opinion of the CourtEllison, J.
This action is for damages on account of an alleged breach of contract in the defendant not conveying to the plaintiff real estate which he contracted to convey. The trial was without a jury, *466and the court found for defendant. That portion of the contract, material to this case, is as follows:
“The seller is to furnish, within ten days from date hereof, a complete abstract of title of said property from government to date, and such usual certificates as may be required by the buyer as to judgments and mechanics’ liens from the various courts in which judgments would be liens thereon and the…
2Cases cited1 opinion
- Hartzell v. CrumbSupreme Court of Missouri · 1886
3Cited by3 opinions
- Otto v. YoungSupreme Court of Missouri · 1910
- Jenkins v. WileySupreme Court of Missouri · 1923
- Brauckmann v. LeightonMissouri Court of Appeals · 1896