Tureman v. Stephens
Supreme Court of Missouri
Appeal from the Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) Under a contract the liability of the defendant is conditional upon a sale by him which rests entirely within his discretion. Until that event happens the promise of defendant is inoperative and cannot be enforced. 1 Whar. Con., 784; Nelson v. VanBonhorst, 29 Pa. St. 352; Barry v. White, 59 Pa. St. 173. Conditional contracts are to be construed like all other contracts. 2 Parson on Con.
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Appeal from the Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) Under a contract the liability of the defendant is conditional upon a sale by him which rests entirely within his discretion. Until that event happens the promise of defendant is inoperative and cannot be enforced. 1 Whar. Con., 784; Nelson v. VanBonhorst, 29 Pa. St. 352; Barry v. White, 59 Pa. St. 173. Conditional contracts are to be construed like all other contracts. 2 Parson on Con. (7 Ed.) 526; 1 Whar. Con. 740, 741. (2) If a party cannot procure the performance of a condition of which he permitted the insertion,…
1Opinion of the Court
Ewing, C.
This was a suit on the following contract :
“Pulton, Mo., Peb. 22nd, 1876.
“This writing made and entered into between John A. Plood of Pulton, Missouri, party of the first, and James L. Stephens of Columbia, Missouri, party of the second part, witnesseth that in consideration of an ex- ■ change in real estate this day made and entered into between said parties, said Plood having executed and ■ delivered to said Stephens a quit claim deed to certain property in Denver, Colorado, in said deed described, being a house and 2 lots Nos. 7 and 8 in block 174 in the eastern division of the…
2Cases cited7 opinions
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Karmuller v. KrotzSupreme Court of Iowa · 1865
- Ubsdell v. CunninghamSupreme Court of Missouri · 1855
- Rogers v. BroadnaxTexas Supreme Court · 1863
- Vermont Marble Co. v. MannSupreme Court of Vermont · 1864
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3Cited by5 opinions
- Guinotte v. RidgeMissouri Court of Appeals · 1891
- Third National Bank of St. Louis v. ReichertMissouri Court of Appeals · 1903
- Expansion Realty Co. v. GerenMissouri Court of Appeals · 1914
- Howe v. BristowMissouri Court of Appeals · 1896
- Webster v. MyersMissouri Court of Appeals · 1893