Owsley v. Jackson
Missouri Court of Appeals
Appeal from McDonald Circuit Court. — No». Carr McNait, Judge. (1) Plaintiff’s entire case is based on his right to recover for the breach of a verbal, agreement as to the nature and quality of title to be conveyed made at the .time of or contemporaneous with the execution of the warranty deeds. It was error to admit any evidence of such contract or submit the same by instruction. All negotiations or agreements were merged in the deeds. Smyth v. Byroff, 156 Mo.
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Appeal from McDonald Circuit Court. — No». Carr McNait, Judge. (1) Plaintiff’s entire case is based on his right to recover for the breach of a verbal, agreement as to the nature and quality of title to be conveyed made at the .time of or contemporaneous with the execution of the warranty deeds. It was error to admit any evidence of such contract or submit the same by instruction. All negotiations or agreements were merged in the deeds. Smyth v. Byroff, 156 Mo. App. 28; Brauckman v. Leighton, 67 Mo. App. 245; "Wheeler v. Ball, 26 Mo. App. 443; State ex rel. v. H'oshaw, 98 Mo. 358; Tracy v.…
1Opinion of the CourtNixon, P. J.
The defendants sold the plaintiff certain lands and made him warranty deeds, and this is an action upon defendants’ verbal agreement to procure a record title of the lands and furnish an abstract to the plaintiff shovving a fee simple title to the same. The p]ainti£f obtained judgment and defendants ha\Te appealed.
On the eighteenth day of July, 1905, plaintiff bought of defendants a tract of about eight acres of land in section 34, toAAmship 21, range 31, in McDonald county, Missouri, being a part of what was formerly *14known as the old Samuel Jackson mill site, and the consideration was $3050.…
2Cases cited10 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Boyd v. PaulSupreme Court of Missouri · 1894
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- State ex rel. Yeoman v. HoshawSupreme Court of Missouri · 1889
- Greening v. SteeleSupreme Court of Missouri · 1894
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3Cited by3 opinions
- Thies v. St. Louis CountySupreme Court of Missouri · 1966
- Frimel v. BlakeMissouri Court of Appeals · 1962
- The Charles A. Liemke Co. v. Krekeler Grocer Co.Missouri Court of Appeals · 1936