Pursley v. Good
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. Jas. E. Hazell, Judge. (1) Plaintiff, under the pleadings and the undisputed evidence, was entitled to judgment upon the note. He still retains the land. He can not be permitted to keep the land and refuse to pay the eight hundred dollars which, confessedly, was to be paid to the plaintiff in that event.
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Appeal from Cooper Circuit Court. — Hon. Jas. E. Hazell, Judge. (1) Plaintiff, under the pleadings and the undisputed evidence, was entitled to judgment upon the note. He still retains the land. He can not be permitted to keep the land and refuse to pay the eight hundred dollars which, confessedly, was to be paid to the plaintiff in that event. Smith v. Busby, 15 Mo. 392; Pershing v. Canfield, 70 Mo. 140; Erink v. Thomas, 12 L. R. A. 239. (2) The mere mental election of H. L. Good to reconvey the land to plaintiff at the expiration of the five yeaps can not forfeit plaintiff’s right to the…
1Opinion of the CourtBroaddrs, J.
The plaintiff seeks to recover judgment on a promissory note for the sum of $800 and interest, dated October 20, 1894, and due in five years from said date.
The defendants admit the execution of the note, and as a defense they allege the following, viz.: That at the date of said note the plaintiff conveyed to the defendant, Isaac Good, one hundred and sixty acres of land, situate in Cooper county, Missouri, for the expressed consideration of $4,000, but in fact only for the actual consideration of $3,200; that the real purchaser was Henry L. Good, but that the title was conveyed to Isaac Good,…
2Cases cited5 opinions
- Olmstead v. SmithSupreme Court of Missouri · 1885
- Harwood v. DiemerMissouri Court of Appeals · 1890
- McLeod v. SnyderSupreme Court of Missouri · 1892
- Enterprise Soap Works v. SayersMissouri Court of Appeals · 1893
- McManus v. GregoryMissouri Court of Appeals · 1885
3Cited by3 opinions
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- Davis v. Barada-Ghio Real Estate Co.Missouri Court of Appeals · 1905
- Montgomery v. WiseMissouri Court of Appeals · 1909