Barger v. Healy
Supreme Court of Missouri
Appeal from Iron Circuit Court. — Hon. E. M. Dearing. Judge. (1) The deeds from defendant to plaintiff represent the final agreement of the parties; their rights and liabilities are defined and limited by their terms; the entire transaction is merged in the deeds and no action cau be maintained on the option contract. Smyth v. Borohoff, 156 Mo. App. 18; Wilson v. Wilson, 115 Mo. App. 641; Matheny v. Stewart, 108 Mo. 73; Wheeler v. Ball, 26 Mo.
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Appeal from Iron Circuit Court. — Hon. E. M. Dearing. Judge. (1) The deeds from defendant to plaintiff represent the final agreement of the parties; their rights and liabilities are defined and limited by their terms; the entire transaction is merged in the deeds and no action cau be maintained on the option contract. Smyth v. Borohoff, 156 Mo. App. 18; Wilson v. Wilson, 115 Mo. App. 641; Matheny v. Stewart, 108 Mo. 73; Wheeler v. Ball, 26 Mo. App. 443; Slocum v. Braey, 55 Minn. 249; Clifton v. Jackson Iron Co., 74 Mich. 621; Carter v. Beck, 40 Ala. 606; Timme v. Shannon, 81 Am. Dec. 635;…
1Opinion of the CourtWoodson, J.
This suit was begun in the circuit court of Iron County by the plaintiff against the defendant, asking for the specific performance of a written option-contract to convey real estate.
The decree was for the plaintiff and the defendant appealed the cause to this court.
The contract is as follows:
“Know all men by these presents:
That I, the undersigned Jeremiah D. Healy of the City of St. Louis, in the State of Missouri, for and in consideration of the sum of one hundred dollars to him in hand paid by R. L. Barger of Ironton, Iron County, Missouri, the receipt of which is hereby acknowledged, do…
2Cases cited20 opinions
- Saint Louis Insurance v. KyleSupreme Court of Missouri · 1848
- Slocum v. BracySupreme Court of Minnesota · 1893
- Howes v. BarkerNew York Supreme Court · 1808
- Clifton v. Jackson Iron Co.Michigan Supreme Court · 1889
- Timms v. Shannon ex rel. ShannonCourt of Appeals of Maryland · 1862
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pybus v. GrassoMassachusetts Supreme Judicial Court · 1945
- Snyder v. RobertsWashington Supreme Court · 1955
- Burk v. WaltonSupreme Court of Missouri · 1935
- Artman v. O'BrienMissouri Court of Appeals · 1965
- Hirlinger v. HirlingerMissouri Court of Appeals · 1954
3 more not listed; retrieve them via the Exa API.