Egger v. Nesbitt
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. (1) A good and sufficient contract for the conveyance of real estate may be made by letters and telegrams. Bishop on Contracts, sec. 328; Greely-Burnham Co. v. Capen, 23 Mo. App. 301; Whaley v. Hinchman, 22 Mo.
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Appeal from St. Clair Circuit Court. (1) A good and sufficient contract for the conveyance of real estate may be made by letters and telegrams. Bishop on Contracts, sec. 328; Greely-Burnham Co. v. Capen, 23 Mo. App. 301; Whaley v. Hinchman, 22 Mo. App. 483; Sohn v. Jarvis, 101 Ind.' 578. (2) Depositing a written acceptance of an offer to sell in the United States mail, with postage prepaid, properly addressed to the party making the offer, prior to the withdrawal of the offer itself, is a sufficient acceptance and completes the contract. Lancaster v. Elliott, 42 Mo. App. 503; Tayloev. Ins.…
1Opinion of the CourtBurgess, J.
This is an action for specific performance of a contract of sale, by defendant to plaintiff, of eighty acres of land, to wit: east half of the northeast quarter of section 36, in township 38, range 28, in St. Clair county, Missouri. Plaintiff bought the land at a sale of it for taxes, and subsequently sold it to one Larkins, who took possession of and improved it.
The petition avers that defendant owns the patent "title to the land, which he for and in consideration of the sum of $400 to be paid to him by plaintiff agreed and promised in writing to convey to him, plaintiff, .and that he is…
2Cases cited15 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- National Bank v. HallSupreme Court of the United States · 1880
- Green v. ColeSupreme Court of Missouri · 1890
- Baker v. Johnson CountySupreme Court of Iowa · 1873
- Gilbert v. BaxterSupreme Court of Iowa · 1887
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3Cited by30 opinions
- Coffman Industries, Inc. v. Gorman-Taber Co.Missouri Court of Appeals · 1975
- Anderson v. StewartNebraska Supreme Court · 1948
- Lewis v. JohnsonSupreme Court of Minnesota · 1913
- State Ex Rel. Johnson v. BlairSupreme Court of Missouri · 1943
- Crews v. SullivanSupreme Court of Virginia · 1922
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