Hanna v. South St. Joseph Land Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — S. P. Huston, Esq., Special Judge. (1) The words “to transfer its works” used in the contract of purchase have been defined by this court, and held to mean that the land company was bound by them to cause the buildings and machinery of the Omaha plant to be removed from' Omaha and to be set up in place in St. Joseph. This meaning is quite apparent when we reflect that distance does not affect it.
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Appeal from Buchanan Circuit Court. — S. P. Huston, Esq., Special Judge. (1) The words “to transfer its works” used in the contract of purchase have been defined by this court, and held to mean that the land company was bound by them to cause the buildings and machinery of the Omaha plant to be removed from' Omaha and to be set up in place in St. Joseph. This meaning is quite apparent when we reflect that distance does not affect it. South St. Joseph Land Co. v. Pitt, 114 Mo. 135. (2) It will hardly be contended that the works in St. Joseph are the Omaha works in any sense. The mill there was…
1Opinion of the CourtBabclay, J.
— Plaintiffs brought the present suit to cancel certain notes executed by them to the land company, as well as a deed of trust given to secure the notes. '
The land company, defendant, answered; and by way of counterclaim, set up facts upon which fore*5closure of the deed of trust was asked, as also a judgment against plaintiffs for the amount of the debt and interest represented by the notes, etc.
The reply denied the new matter.
It will not be needful to go into the pleadings more fully. They are quite elaborate; but, as will soon be seen, the real controversy lies within narrow limits.
The…
2Cases cited8 opinions
- Barrett v. DavisSupreme Court of Missouri · 1891
- Waterbury Savings Bank v. LawlerSupreme Court of Connecticut · 1878
- Dunn v. MillerSupreme Court of Missouri · 1888
- Gardner v. TerrySupreme Court of Missouri · 1889
- Nearen v. BakewellSupreme Court of Missouri · 1892
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3Cited by30 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- Balz v. NelsonMissouri Court of Appeals · 1903
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