Lanitz v. King
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. A. M. Thayee, Judge. (1) The time for the payment of the price was, by mutual consent, extended until respondent should remove the defect in his title, or ax>pellant consent to take a warranty deed with such defect.
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Appeal from, St. Louis City Circuit Court. — Hon. A. M. Thayee, Judge. (1) The time for the payment of the price was, by mutual consent, extended until respondent should remove the defect in his title, or ax>pellant consent to take a warranty deed with such defect. (2) “Where ah agreement, in writing, is to be performed on a certain day, and the parties agree to enlarge the time, the declaration, on the day stated in the agreement, though the evidence is óf a different day, will support the action.” Thresh v. Ralee, 1 Esp. 53; Russell v. Insurance Co., 55 Mo. 585 ; Insurance Co. r>. Kyle, 11…
1Opinion of the CourtBlack, J.
Lanitz brought this suit against Chas. E. King, to recover damages for alleged breach of contract for the purchase of real estate. Plaintiff declares upon a written contract, and states that defendant executed the same by his authorized agent, Edgar Miller. The contract sued upon, and read in evidence, omitting the description of the property, is as follows:
‘ ‘ St. Louis, February 25, 1881.
“Received of George Lanitz, fifty dollars, being on account of payment for lots, * * * which I have this day sold him for ten thousand dollars cash, upon the delivery of a warranty deed, the taxes of 1881…
2Cases cited5 opinions
- Pier v. HeinrichoffenSupreme Court of Missouri · 1873
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
- Maupin v. Virginia Lead Mining Co.Supreme Court of Missouri · 1883
3Cited by54 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Daley v. RussCalifornia Supreme Court · 1890
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
- Rucker v. HarringtonMissouri Court of Appeals · 1893
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