Armstrong v. Dunn
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Eon. Charles A. Benton, Judge. A petition on an executory contract for .the sale of land for a breach thereof, should aver that the plaintiff had a good and sufficient title, which he was ready and willing to convey, in order to state a cause of action. Davis v. Watson, 89' Mo.
Read the full summary
Appeal from Bates Circuit Court. — Eon. Charles A. Benton, Judge. A petition on an executory contract for .the sale of land for a breach thereof, should aver that the plaintiff had a good and sufficient title, which he was ready and willing to convey, in order to state a cause of action. Davis v. Watson, 89' Mo. App. 15. In an action by a vendor against a vendee of real estate for damages caused by the vendee’s refusal to carry out the contract, the burden of proof is on the vendor, and in such action he must allege and prove that he was prepared to convey a good title and carry out his…
1Opinion of the CourtEllison, J.
Plaintiff’s action is for damages alleged to have accrued to him on account of defendant repudiating and refusing to perform a contract for the purchase of his farm. The judgment in the trial court was for the plaintiff.
It is sufficient to state that plaintiff and defendant; on the 11th of January, 1911, entered into a written contract for the purchase of plaintiff’s farm by defendant, the contract providing that plaintiff was to make a warranty deed, furnish an abstract showing a good title in plaintiff and give possession on March 1st thereafter, when the agreement was to be consummated. In…
2Cases cited2 opinions
- Davis v. WatsonMissouri Court of Appeals · 1901
- Birge v. BockMissouri Court of Appeals · 1887
3Cited by5 opinions
- Iowa-Mo Enterprises, Inc. v. Herman Avren and Vicki Avren, Iowa-Mo Enterprises, Inc. v. Herman Avren and Vicki AvrenCourt of Appeals for the Eighth Circuit · 1981
- Martin v. FicklinMissouri Court of Appeals · 1950
- Knapp v. StraussMissouri Court of Appeals · 1933
- Armstrong v. DunnMissouri Court of Appeals · 1914
- Nance v. SextonMissouri Court of Appeals · 1918