Peter St. Clair v. Hellweg
Missouri Court of Appeals
Appeal from Lawrence Oounty Circuit Court.—Hon. Carr McNatt, Judge. (1) No time being specified in the contract, defendant was entitled to a reasonable time in which, to furnish plaintiff with a clear title. Mastín v. Grimes, 88 Mo. 478; Bates v. Roberts, 189 Mo. 49. (2) If defendant’s title was in fact a clear title, plaintiff could not refuse to accept it because his attorney made objections to the same. Atkinson v. Taylor, 34 Mo.
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Appeal from Lawrence Oounty Circuit Court.—Hon. Carr McNatt, Judge. (1) No time being specified in the contract, defendant was entitled to a reasonable time in which, to furnish plaintiff with a clear title. Mastín v. Grimes, 88 Mo. 478; Bates v. Roberts, 189 Mo. 49. (2) If defendant’s title was in fact a clear title, plaintiff could not refuse to accept it because his attorney made objections to the same. Atkinson v. Taylor, 34 Mo. App. 442; Mitchner v. Holmes, 117 Mo. 186; Green v. Ditseh, 143 Mo. 1; Metz v. Wright, 116 Mo. App. 631. (3) Defendant should have been permitted to show title by…
1Opinion of the CourtFarrington, J.
—Plaintiff recovered judgment for the sum of two hundred dollars with interest, and defendant appealed. The controversy grew out of an agreement' to sell a dwelling house in Pierce City, Mo. The plaintiff, after having looked at the house in company with his wife, agreed to purchase the same of the defendant for a consideration of fourteen hundred dollars and paid two hundred dollars as earnest money. The contract entered into for the purchase of the property was partly written and partly oral. The defendant signed the following receipt:
“Pierce City, Mo., April 25, 1910.
“Received of Mr. P.…
Also in this document: Concurrence.
2Cases cited6 opinions
- Greenblatt v. . HermannNew York Court of Appeals · 1894
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Scannell v. American Soda Fountain Co.Supreme Court of Missouri · 1901
- Austin v. ShipmanMissouri Court of Appeals · 1911
- Ives v. KimlinMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Moser v. TuckerCourt of Appeals of Texas · 1917
- Purington Paving Brick Co. v. Metropolitan Paving Co.Court of Appeals for the Eighth Circuit · 1925
- Poplin v. BrownMissouri Court of Appeals · 1918
- Barclay v. Bank of Osceola CountySupreme Court of Florida · 1921
- Bunyard v. FarmanMissouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.