Legal Opinion

Good v. Erker

Missouri Court of Appeals

Decided February 4, 1913PublishedCited by 10 opinions

Appeal from St. Louis City Circuit Court. — -Hon. J. Hugo Grimm, Judge. (1) A sale of land is the actual transfer of title •from grantor to grantee by appropriate instrument of conveyance. Ide v. Leiser, 10 Mont. 5., (2) A sale in the ordinary sense of the word is a transfer ot property for a fixed price in money or its- equivalént.

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Appeal from St. Louis City Circuit Court. — -Hon. J. Hugo Grimm, Judge. (1) A sale of land is the actual transfer of title •from grantor to grantee by appropriate instrument of conveyance. Ide v. Leiser, 10 Mont. 5., (2) A sale in the ordinary sense of the word is a transfer ot property for a fixed price in money or its- equivalént. Iowa v. McFarland, 110 U. S. 471. (3) To constitute a sale there must be 1st, parties competent to contract; 2nd, mutual assent; 3rd, a thing the absolute or general property of which is transferred from the seller to- the buyer; 4th, a price in money paid or…

1Opinion of the Court

ALLEN, J. —

This is an action by plaintiff, appellant here, to recover the sum of $1125 upon the contract hereinafter set out in plaintiff’s petition. The petition is as follows:

PETITION.

“Plaintiff, for his cause of action states that prior to the 11th day of November, 1908, plaintiff claimed that the defendant was indebted to him in the sum of eleven hundred and twenty-five dollars- for services rendered in connection with the purchase, by the defendant of the property known as the northeast corner of Seventh and Lucas avenue; that to avoid liti*684gation, the defendant agreed with the plaintiff…

2Cases cited1 opinion

  1. Donovan v. BoeckSupreme Court of Missouri · 1909

3Cited by10 opinions

  1. Minter v. StateCourt of Criminal Appeals of Texas · 1913
  2. Cousbelis v. AlexanderMassachusetts Supreme Judicial Court · 1944
  3. State v. DavisSupreme Court of Missouri · 1970
  4. Truck Leasing Corp. v. ESQUIRE LAUNDRY & CLEANING CO.Missouri Court of Appeals · 1952
  5. Schulte v. CritesMissouri Court of Appeals · 1957

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