Legal Opinion

Bank of Flat River v. Walton

Missouri Court of Appeals

Decided February 2, 1915PublishedCited by 3 opinions

Appeal from St. Francois Circuit Court. — Eon. Peter E. Buck, Judge. (1) The court erred in not sustaining the demurrer of the defendants to the petition of the plaintiff, because the plaintiff’s petition shows on its face that the defendants made, executed and delivered to the plaintiff their promissory note for the purchase price of the property described in the petition, which is a special contract, and where there is a special contract, the plaintiff cannot abandon the…

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Appeal from St. Francois Circuit Court. — Eon. Peter E. Buck, Judge. (1) The court erred in not sustaining the demurrer of the defendants to the petition of the plaintiff, because the plaintiff’s petition shows on its face that the defendants made, executed and delivered to the plaintiff their promissory note for the purchase price of the property described in the petition, which is a special contract, and where there is a special contract, the plaintiff cannot abandon the special contract and sue in assumpsit. Christy v. Price, 7 Mo. 430; Johnson v. Strader, 3 Mo. 359; Lindersmith v. South…

1Opinion of the CourtAllen, J.

This is an action to recover a balance of $440 claimed to be dne plaintiff upon the purchase price of a house and lot. Plaintiff alleges that the property was sold defendants for the agreed price of $450; that defendants paid plaintiff $10 thereon, leaving the said balance of $440 due plaintiff.

Defendants’ answer sets up that the purchase price of the property was $350, that they made a cash payment of $10 and executed a note for $350, and paid plaintiff certain interest charges in advance and a recording fee for recording a deed of trust securing the note. And it is averred that the note was…

2Cases cited4 opinions

  1. Lubbering v. KohlbrecherSupreme Court of Missouri · 1856
  2. McCormack Harvesting Machine Co. v. BlairMissouri Court of Appeals · 1910
  3. Hays, Winterbower & Sims v. OdomMissouri Court of Appeals · 1899
  4. Marth v. WiskerchenMissouri Court of Appeals · 1915

3Cited by3 opinions

  1. Murphy v. HolliwayMissouri Court of Appeals · 1929
  2. Born v. Lafayette Auto Co.Indiana Supreme Court · 1924
  3. First National Bank of Fredonia v. MeadowsSupreme Court of Missouri · 1970

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