Bales v. Roberts
Supreme Court of Missouri
Appeal from Vernon Circuit Court.- — No». N. G. Timmonds, Judge. (1) Although, vendor may not have title or own the land at the time of making the contract, yet if he perfects his title and becomes the owner within the time limit of the contract and at the time suit was brought, equity will decree specific performance.
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Appeal from Vernon Circuit Court.- — No». N. G. Timmonds, Judge. (1) Although, vendor may not have title or own the land at the time of making the contract, yet if he perfects his title and becomes the owner within the time limit of the contract and at the time suit was brought, equity will decree specific performance. Scannel v. American, etc., Co., 161 Mo. 621; Pomeroy on Contracts (2 Ed.), secs. 341 and 421. (2) Parties cannot complain of acts that are the result of or produced by their own wrong. Burris v. Park Improvement Co., 55 Mo. App. 381; Pomeroy on Contracts (2 Ed.), sec. 337. (3)…
1Opinion of the CourtLamm, J.
Bales files his bill in equity against Roberts in such form, if the facts be found true, as to warrant relief (1) by holding for naught Bales’ recorded warranty deed conveying certain lands in Vernon county, Missouri, to Roberts, and by vesting the title of said land out of Roberts and into Bales, and (2) by declaring a rescission of a certain real estate contract, resting partly in writing and partly in parol, whereby Bales swapped his said Missouri land for certain land in Ford county, Kansas.
Roberts by answer admitted some .and denied other averments of the bill and plead facts which, if…
2Cases cited1 opinion
- Morrison, McIntosh & Co. v. LeiserMissouri Court of Appeals · 1898
3Cited by3 opinions
- Morris v. DavisSupreme Court of Missouri · 1933
- Collier v. SmithMissouri Court of Appeals · 1958
- Barthel v. EngleSupreme Court of Missouri · 1914