Kneale v. Price
Missouri Court of Appeals
Appeal from Holt Circuit Court, Hon. Cyrus A. Anthony, Judge. The case is stated in the opinion. I. The court erred in refusing to give the instruction in the nature of a demurrer to the evidence, asked by the defendant at the close of plaintiff’s evidence.
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Appeal from Holt Circuit Court, Hon. Cyrus A. Anthony, Judge. The case is stated in the opinion. I. The court erred in refusing to give the instruction in the nature of a demurrer to the evidence, asked by the defendant at the close of plaintiff’s evidence. The contract between Smith, defendant’s grantor, and plaintiff was a personal undertaking upon the part of Smith, and would not be binding upon Price, unless he undertook and promised or assumed Smith’s obligation to keep it. The mere transfer of the land to defendant would not impose any duty or obligation upon him to carry out a verbal…
1Opinion of the CourtPhilips, P. J.
The petition charges that plaintiff and one Smith, being the owners of adjoining lands, by agreement, erected a division fence, plaintiff building-the north half, and said Smith the south half, each to own and maintain his part of said fence; that, on the thirty-first of December, 1881, Smith sold his land to-defendant, Price, and put him in possession of the same ; and at the time of the transfer defendant was notified of the arrangement between plaintiff and Smith, and of the obligation of each to keep in repair and maintain his part of said fence, and accepted, acquiesced in, and consented…
2Cited by5 opinions
- Matthews v. McVayMissouri Court of Appeals · 1950
- Bartlett v. State ex rel. HamiltonIndiana Supreme Court · 1917
- Hancock v. FitzpatrickMissouri Court of Appeals · 1914
- Johnson v. FialaMissouri Court of Appeals · 1912
- McNaughton v. SchafferMissouri Court of Appeals · 1958