Watson v. Gross
Missouri Court of Appeals
Appeal from Atchison Circuit Court. — Hon. Wm. G. Ellison, Judge. '(1) The court erred in giving instruction numbered one for the plaintiff, and also erred on the trial in holding that plaintiff, under the contracts, was not required to remove the timber from the farm, but only from the particular two acres sold by Douglas to plaintiff.
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Appeal from Atchison Circuit Court. — Hon. Wm. G. Ellison, Judge. '(1) The court erred in giving instruction numbered one for the plaintiff, and also erred on the trial in holding that plaintiff, under the contracts, was not required to remove the timber from the farm, but only from the particular two acres sold by Douglas to plaintiff. Johnson County v. Wood, 84 Mo. 489; McCullock v. Holmes, 111 Mo. 445; Torbet v. Jeffrey, 161 Mo. 645. Plaintiff, under his contract with Douglas, could acquire no greater right than Douglas had. He was bound to know what title Douglas had. (2) The court erred…
1Opinion of the CourtBroaddus, P. J.
This suit was commenced before a justice of the peace for the conversion of three cords of wood and two hundred posts. On the trial in the circuit court plaintiff recovered judgment and defendant appealed.
In November, 1902, defendant entered into a contract with Daisy and Harlan Douglas to sell them a certain farm situated in Atchison county. At the time of sale no money was paid but it was agreed that they would settle for the price of the farm in February, 1903, by payment of money and a mortgage on the land and other property. It was agreed between, defendant and the said Douglases that…
2Cases cited2 opinions
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- Zirkle v. AllisonSupreme Court of Virginia · 1920
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