Wilson v. Wilson
Missouri Court of Appeals
Appeal from Worth Circuit Court. — Eon William 0. Ellison, Judge. (1) The general principles of the law of contracts of sale of real estate while the contract is still executory, recognize and enforce the right of a purchaser to a title clear of defects and incumbrances; “but. when the contract has been consummated by the execution and delivery of a deed, the terms of the deed fill the measure of the rights of the parties and the contract merges in the deed.”
Read the full summary
Appeal from Worth Circuit Court. — Eon William 0. Ellison, Judge. (1) The general principles of the law of contracts of sale of real estate while the contract is still executory, recognize and enforce the right of a purchaser to a title clear of defects and incumbrances; “but. when the contract has been consummated by the execution and delivery of a deed, the terms of the deed fill the measure of the rights of the parties and the contract merges in the deed.” Wheeler v. Ball, 26 Mo. App. 443; Matheny v. Stewart, 108 Mo. 73; Herryford v. Turner, 67 Mo. 296; Branckinan v. Leighton, 67 Mo. App.…
1Opinion of the CourtJohnson, J.
— The cause of action pleaded in the petition is in the nature of assumpsit and is for the recovery of an alleged unpaid portion of the purchase price of a stock of merchandise sold by plaintiff to defendant. The case was here once before and is reported in 106 Mo. App. 501. It was reversed and remanded for reasons that do not concern us. Following its disposition under the former appeal, defendant filed an amended answer containing several affirmative defenses, none of which needs be stated, as no question touching the sufficiency of that pleading is before us and the averments furnish a…
2Cases cited1 opinion
- Wilson v. WilsonMissouri Court of Appeals · 1904
3Cited by14 opinions
- Snyder v. RobertsWashington Supreme Court · 1955
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Tacoma & Eastern Lumber Co. v. Field & Co.Washington Supreme Court · 1918
- Thies v. St. Louis CountySupreme Court of Missouri · 1966
- McDaniel v. United Railways Co.Missouri Court of Appeals · 1912
9 more not listed; retrieve them via the Exa API.