Davis v. Cramer
Missouri Court of Appeals
Appeal from Andrew Circuit Court.—Hon. A. D. Burnes, Judge. (1) Plaintiff’s instruction number 1 is erroneous, because it .directs tbe jury that they may consider the alleged warranty contained in the notice to the tenant, as a part of the contract of sale of the land.' Wood v. Murphy, 47 Mo. App. 539; Brauckman v. Leighton, 67 Mo. App. 245; Hobein v. Freick, 9 Mo. App. 263; Wheelan v. Toebner, 71 Mo. App. 361; Miees v. Summerville, 85 Mo. App. 183; State ex rel.
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Appeal from Andrew Circuit Court.—Hon. A. D. Burnes, Judge. (1) Plaintiff’s instruction number 1 is erroneous, because it .directs tbe jury that they may consider the alleged warranty contained in the notice to the tenant, as a part of the contract of sale of the land.' Wood v. Murphy, 47 Mo. App. 539; Brauckman v. Leighton, 67 Mo. App. 245; Hobein v. Freick, 9 Mo. App. 263; Wheelan v. Toebner, 71 Mo. App. 361; Miees v. Summerville, 85 Mo. App. 183; State ex rel. Toemian v. Hoshaw, 98 Mo. 358; Morgan v. Porter, 103 Mo. 135; Davidson v. Manson, 146 Mo. 608; Corrough v. Hamill, 110 Mo. App.…
1Opinion of the CourtTrimble, J.
Appellant, in 1907, contracted in writing to sell respondent his farm in Holt county, Missouri, and also his share, as landlord, in the crop of that year which had been grown thereon by the tenant. The price of said farm and one-half its crop was $5000 to be paid by October 1st.
Thereafter, and within the specified timie, the parties met and the money was paid. Appellant executed a deed conveying the land to respondent and, as a part of the same transaction, signed and delivered to him a written instrument reciting that “Having sold to Mr. W. F. Davis my farm (describing it) I hereby assign to…
2Cases cited17 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Brown v. BowenSupreme Court of Missouri · 1886
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3Cited by4 opinions
- Hayward v. PoindexterMissouri Court of Appeals · 1921
- In Re North's EstateMissouri Court of Appeals · 1959
- Whitmer v. Atchison, T. & S. F. Ry. Co.District Court, W.D. Missouri · 1950
- York v. JacksonMissouri Court of Appeals · 1959