Lingenfelder v. Leschen
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The measure of damages in a suit by a vendee against a vendor, for breach of contract of sale of land, is the difference between the purchase price of the land sold, and its value when, under the terms of the agreement between the parties, the trade should be closed.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The measure of damages in a suit by a vendee against a vendor, for breach of contract of sale of land, is the difference between the purchase price of the land sold, and its value when, under the terms of the agreement between the parties, the trade should be closed. Kirkpatrick v. Downing, 58 Mo. 32. And the question of supposed or real defect in the title of the vendor, or of his good faith, or supposed want of good faith in the transaction, are not to be considered in estimating damages, in the absence of any…
1Opinion of the CourtBurgess, J.
Action by plaintiff to recover from defendant $5,009 which he claims to be the difference in value of certain real property in the city of St. Louis, and the price at which it was sold to him by defendant.
At the time of the sale defendant had no written authority from the owners of the property to sell the same, but claims that his acts in so doing were subsequently affirmed and ratified by Mrs. C. Tiekemeier for whom he acted, but who only had a life estate in the property. The contract between plaintiff and *60defendant was entered into on the twenty-fifth day of May, 1892, and is as follows:
“N…
2Cases cited6 opinions
- First National Bank v. GaySupreme Court of Missouri · 1876
- Bless v. JenkinsSupreme Court of Missouri · 1895
- Bray & Brother v. GunnSupreme Court of Georgia · 1874
- Wright v. BaldwinSupreme Court of Missouri · 1873
- Roby v. CossittIllinois Supreme Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Byers v. ZuspanMissouri Court of Appeals · 1954
- Robinson v. PatteeSupreme Court of Missouri · 1949
- Henry W. Savage, Inc. v. FriedbergMassachusetts Supreme Judicial Court · 1948
- Lewis v. Dark Tobacco Growers' Co-Op. Ass'nCourt of Appeals of Kentucky (pre-1976) · 1933
2 more not listed; retrieve them via the Exa API.