Johnson v. Dalrymple
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Son. James T. Seville, Judge. (1) The court erred iu requiring defendant to specifically perform the contract withoiut requiring plaintiff to pay the taxbill. Section 5858, Revised Statutes 1899, as amended by laws of 1901, p. 64; Everett v. Marston, 186 Mo. 587; Mercantile Trust Co. v. Niggeman, 119 Mo.
Read the full summary
Appeal from Greene Circuit Court. — Son. James T. Seville, Judge. (1) The court erred iu requiring defendant to specifically perform the contract withoiut requiring plaintiff to pay the taxbill. Section 5858, Revised Statutes 1899, as amended by laws of 1901, p. 64; Everett v. Marston, 186 Mo. 587; Mercantile Trust Co. v. Niggeman, 119 Mo. App. 56. (2) Although the courts hold that the word “taxes” does not necessarily include special assessments of this character, yet the attention of this court is called to the provision in this contract requiring plaintiff to pay all taxes and insurance.…
1Opinion of the CourtNixon, P. J.
(after stating the facts). — This is an action on a contract, in form a lease, with an option in the lessee, on conditions, to purchase the leased premises. It is manifest from an examination of the pleadings, evidence and judgment of the trial court that the only question we are required by this appeal to determine is whether the special taxbill for $70.81, for the construction of a district sewer, paid by the decedent, F. T. Mills, was included in the contractual obligation of the respondent “to pay all taxes from and after December 1st, 1904.”
The only means at the command of courts in…
2Cases cited6 opinions
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- Inhabitants of Palmyra v. MortonSupreme Court of Missouri · 1857
- Keith v. BinghamSupreme Court of Missouri · 1889
- City of Independence v. GatesSupreme Court of Missouri · 1892
- Roy v. BotelerMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Leggett v. Missouri State Life Insurance CompanySupreme Court of Missouri · 1960
- Frye v. ShepherdMissouri Court of Appeals · 1913
- Johnson County Savings Bank v. MillsMissouri Court of Appeals · 1910
- Kansas City v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1930