Martin v. Stone
Missouri Court of Appeals
Appeal from the Pilte Circuit Court. — Hon. Eeuben P. Eoy, Judge. There are no disputed facts in the case. The payment of $250 by plaintiff to defendant on defendant’s contract to convey to him by warranty deed one hundred and five and fifty-three one-hundredths acres of land. The refusal of defendant to allow plaintiff to have the land surveyed in order to ascertain the quantity. The incumbrances against the land when the contract was made and when the suit was tried.
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Appeal from the Pilte Circuit Court. — Hon. Eeuben P. Eoy, Judge. There are no disputed facts in the case. The payment of $250 by plaintiff to defendant on defendant’s contract to convey to him by warranty deed one hundred and five and fifty-three one-hundredths acres of land. The refusal of defendant to allow plaintiff to have the land surveyed in order to ascertain the quantity. The incumbrances against the land when the contract was made and when the suit was tried. The plaintiff never had possession of the land. The notice of defendant to plaintiff that he claimed the $250 paid as…
1Opinion of the CourtBiggs, J.
On the sixth day of April, 1895, the plaintiff and defendant entered into the following written contract, to wit: “It is agreed between John Stone of Pike county, Missouri, party of the first part, and W. H. Martin of Lincoln county, Missouri,'party of the second part, that said first party did this day sell to second party the following described real estate, situated in the county of Pike, and state of Missouri, to wit: All of a certain tract of land being the N. E. part of section 15, in township 52, range 1, east, containing one hundred and five and 53-100 (105 53-100) acres, the same…
2Cases cited1 opinion
- Wood v. MurphyMissouri Court of Appeals · 1892
3Cited by2 opinions
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- Sparks v. HelmerSupreme Court of Oklahoma · 1929