Norris v. Letchworth
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It'does not allege performance or ian offer to perform the agreement on the part of respondent.
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Appeal from the Morgan Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It'does not allege performance or ian offer to perform the agreement on the part of respondent. Respondents agreement to pay and appellant’s agreement to convey were concurrent and dependent conditions, and performance, or an offer to perform, by respondent was essential to put appellant in default and lay the foundation for an action for damages or to enforce performance. Guthrie v. Thompson, 1 Ore. 353; Lane v. Marshall, 17 Maine 232; Leard v.…
1Opinion of the CourtJohnson, J.
Plaintiff sued to recover five hundred dollars paid defendant on the purchase price of a farm in Morgan county. Defendant, by his agents, entered into a written contract, by the terms of which he agreed to sell and convey the farm to plaintiff for the price of six thousand seven hundred dollars, but the sale was not consummated and each party claims the other was at fault. Plaintiff prevailed in the trial court and the cause is here on the appeal of defendant. The contract which was signed by plaintiff and the agents of defendant on August 23, 1907, provided that defendant and his wife should…
2Cases cited5 opinions
- Henning v. United States InsuranceSupreme Court of Missouri · 1871
- Leaird v. . SmithNew York Court of Appeals · 1871
- Claes & Lehenbeuter Manufacturing Co. v. McCordMissouri Court of Appeals · 1896
- Guthrie v. ThompsonOregon Supreme Court · 1861
- Low v. MarshallSupreme Judicial Court of Maine · 1840
3Cited by13 opinions
- Duncan v. TownsendMissouri Court of Appeals · 1959
- Norris v. LetchworthMissouri Court of Appeals · 1912
- Silfvast v. AsplundMontana Supreme Court · 1933
- Atkinson v. SmothersMissouri Court of Appeals · 1956
- Huston v. VollenweiderMontana Supreme Court · 1935
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