Snyder v. Murdock
Supreme Court of Missouri
Error to St. Francois Circuit Court. I. The covenants, in the bond for a deed, of defendant in error’s testator, and the execution of the notes by plaintiff/in error for the payment of the purchase money, were, unquestionably, mutual and dependent contracts and covenants.
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Error to St. Francois Circuit Court. I. The covenants, in the bond for a deed, of defendant in error’s testator, and the execution of the notes by plaintiff/in error for the payment of the purchase money, were, unquestionably, mutual and dependent contracts and covenants. This being true, it was incumbent upon the defendant in error, or the heirs of the testator, to tender a deed, conveying by good title all the property described in the bond for a deed, and to aver such tender in his petition, as a condition precedent to the right of recovery on the notes ; and the vendor, or his…
1Opinion of the CourtAdams, Judge
This was an action on two promissory notes, executed to the plaintiff’s testator.
The defendant set up several distinct defenses in his answer.
1st. That the notes were given for land and fixtures for which plaintiff’s testator had given his bond for title, and had failed to convey.
2d. That neither the testator or any other person, had offered to convey the real estate to him.
3rd. That the contract had been rescinded.
*1774th. That after such rescission, the fixtures, consisting of a carding machine and mill, had been consumed by fire, and that they gave value to the land, and were the main…
2Cited by22 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Knights v. PiellaMichigan Supreme Court · 1896
- Dunn v. YakishSupreme Court of Oklahoma · 1900
- Conlin v. OsbornCalifornia Supreme Court · 1911
- American Central Insurance Company v. KirbyMissouri Court of Appeals · 1956
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