Hendricks v. Vivion
Missouri Court of Appeals
Appeal from Boone Circuit Court. — No». Alexander N. Waller, Judge. (1) After admitting in evidence the written contract and the warranty deed, the trial court sustained defendants’ objections to the admission in evidence of a stipulation, signed by counsel for both sides. This stipulation was to the effect that, after the execution of said deed, the county surveyor of Boone county made a survey of the land in question and ascertained that it contained 534.35 acres.
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Appeal from Boone Circuit Court. — No». Alexander N. Waller, Judge. (1) After admitting in evidence the written contract and the warranty deed, the trial court sustained defendants’ objections to the admission in evidence of a stipulation, signed by counsel for both sides. This stipulation was to the effect that, after the execution of said deed, the county surveyor of Boone county made a survey of the land in question and ascertained that it contained 534.35 acres. In their objection to the admission of said stipulation, defendants simply insisted that the facts stated in said stipulation…
1Opinion of the Court
ELLISON, J. —
Plaintiff bought defendant’s farm in Boone county by written contract of sale, which provided for the execution of a general warranty deed. He alleges that the purchase price was $40 per acre. He received his deed and went into possession and so remained for nearly two years, when he discovered that the premises did not contain the number of acres which he supposed he had purchased, the shortage being twenty-three and twenty one-hundredths acres. He thereupon brought this action against defendant for $928. The trial court sustained a demurrer to the evidence offered by him and…
2Cases cited21 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Crim v. CrimSupreme Court of Missouri · 1901
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- St. Louis, Kansas City & Northern Railway Co. v. ClearySupreme Court of Missouri · 1883
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Anderson v. Meyer Bros. Drug Co.Missouri Court of Appeals · 1910
- Ely v. SuttonMissouri Court of Appeals · 1913
- Merchants National Bank v. BrischMissouri Court of Appeals · 1911
- Lindsay v. SmithMissouri Court of Appeals · 1914
- Martin v. HillMissouri Court of Appeals · 1907
3 more not listed; retrieve them via the Exa API.