Lusk v. Briscoe
Supreme Court of Missouri
Appeal from Morgan Circuit Court.—-Hon. Geo. ~W. Miller, Judge. 1. The petition does nofr charge that defendant negligently or wilfully omitted to discharge any official duty respecting the sale of the land which resulted in any injury or inconvenience to plaintiff, for which compensatory damages are recoverable. Tarwater v. Han. ft St. Jo.
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Appeal from Morgan Circuit Court.—-Hon. Geo. ~W. Miller, Judge. 1. The petition does nofr charge that defendant negligently or wilfully omitted to discharge any official duty respecting the sale of the land which resulted in any injury or inconvenience to plaintiff, for which compensatory damages are recoverable. Tarwater v. Han. ft St. Jo. JR. JR., 42 Mo. 193; JPike v. Megoun, 44 Mo. 491. 2. The action is based upon an express contract for the execution of a deed by defendant, and no consideration for the promise is alleged, nor is any injury alleged to have resulted from the failure of…
1Opinion of the CourtNorton, J.
In this case the petition alleges, in substance, that defendant was, on the 6th day of May, 1872, sheriff of Morgan county, and that, as such sheriff, he sold on said day to plaintiff, the east half of south-west quarter of section 17, in township 42, range 16, that said land was sold by order of the circuit court of Boone county, for partition at the suit of Robert Maples et ah, against Neppy Jeffries, et ah, and that plaintiff became the purchaser thereof at the price and sum of $450; that plaintiff paid defendant one-half the purchase price at the time of sale, and on the 10th of May,…
2Cases cited2 opinions
- Patten v. WeightmanSupreme Court of Missouri · 1873
- Kean v. NewellSupreme Court of Missouri · 1827