Herryford v. Turner
Supreme Court of Missouri
Appeal from Howard, Circuit Court. — Hon. Gr. IT. Burck-HARTT, Judge. In every contract for the sale of lands there is'an implied warranty, yet such implied warranty exists only as long as the contract remains executory; upon the execution of the contract by deed, the law throws upon the purchaser the responsibility of caring for his own protection by suitable express covenants.
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Appeal from Howard, Circuit Court. — Hon. Gr. IT. Burck-HARTT, Judge. In every contract for the sale of lands there is'an implied warranty, yet such implied warranty exists only as long as the contract remains executory; upon the execution of the contract by deed, the law throws upon the purchaser the responsibility of caring for his own protection by suitable express covenants. Burwell v. Jackson, 5 Selden (N. Y.) 536; Rawle Cov. of Title, pp. 458,465 ; Fox v. Mackreth, 2 Bro. Oh. 420 ; Turner v. Haney, 1 Jac. Oh. 178; Pothier de ventes, n. 334, 295 ; Platt v. Gilchrist, 3 Sandf. S. O. (N.…
1Opinion of the CourtHough, J.
It was alleged in the petition in this case, that, at a trustee’s sale made on the 5th day of December, 1872, by Thomas E. Burch, as trustee, the defendant, Turnei’, purchased certain real estate for the sum of $8,746.27; that, afterwards, on the 14th day of December, 1872, said Turner sold said real estate to plaintiff for $7,000 in cash, and certain real estate in Glasgow, Mo., estimated to be worth $2,000, which was conveyed to the defendant; that, at the time of the sale of said land by the defendant to the plaintiff, no deed had been executed by the trustee, Burch, to the defendant, and,…
2Cases cited1 opinion
- Dwight v. CutlerMichigan Supreme Court · 1855
3Cited by7 opinions
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- McPherson v. KisseeSupreme Court of Missouri · 1912
- Brownlow v. WollardMissouri Court of Appeals · 1895
- Sandbrook v. W. L. Morrison Invest. Co.Missouri Court of Appeals · 1922
- Birge v. BockMissouri Court of Appeals · 1887
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