Birge v. Bock
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Sheparb Barclay, Judge. While a contract for the sale of real estate is still executory, by operation of law and without any agreement of the parties to that effect, the purchaser has a right to demand,a good and marketable title. Hereford v. Turner, 67 Mo. 296, 298; Luckebb v. Williams, 37 Mo. 388, 393 ; 1 Sugden on Vendors (8 Am.
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Appeal from the St. Louis Circuit Court, Sheparb Barclay, Judge. While a contract for the sale of real estate is still executory, by operation of law and without any agreement of the parties to that effect, the purchaser has a right to demand,a good and marketable title. Hereford v. Turner, 67 Mo. 296, 298; Luckebb v. Williams, 37 Mo. 388, 393 ; 1 Sugden on Vendors (8 Am. Ed.) p. 24.(6), p. 510 (337), also p. 548 (363); Rawle on Covenants for Title, 42; Hr eme v. Wright, 4 Madd. Ch. R. (365) 193. The 'burden was on the plaintiff to allege and prove title to the premises. Luckebb o.…
1Opinion of the CourtRombauer, J.
In view of the errors assigned by the appellant, a full statement of the cause of action, and of the pleadings is essential to an understanding of the points decided.
The action is brought by a vendor of real estate to recover damages from the vendee for breach of the contract of sale. The plaintiff’s action is founded on the' following memorandum, filed with his petition, marked Exhibit A,
“April 10, 1884.
“ Received Of Dr. A. F. Bock, the sum of one hundred dollars, on account of and part purchase money of a lot of ground or parcel of land, being in the county of St. Louis and state of…
2Cases cited17 opinions
- Dwight v. CutlerMichigan Supreme Court · 1855
- Delavan v. . DuncanNew York Court of Appeals · 1872
- Allen v. AtkinsonMichigan Supreme Court · 1870
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Frazer v. RobertsSupreme Court of Missouri · 1862
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3Cited by5 opinions
- Wells v. PageOregon Supreme Court · 1905
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- McVeety v. Harvey Mercantile Co.North Dakota Supreme Court · 1913
- Armstrong v. DunnMissouri Court of Appeals · 1912
- Birge v. BockMissouri Court of Appeals · 1891