Langenberg v. Chas. H. Heer Dry Goods Co.
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Non. James T. Neville, Judge. The only contract made by the Dry Goods Company in relation to this land was its warranty deed. The supreme court lays down this rule, that “where a conveyance of real estate becomes complete the parties make and accept the covenants therein as measuring the liability on the part of the grantor and the compensation afforded the grantee in case of breaches.
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Appeal from the Greene Circuit Court. — Non. James T. Neville, Judge. The only contract made by the Dry Goods Company in relation to this land was its warranty deed. The supreme court lays down this rule, that “where a conveyance of real estate becomes complete the parties make and accept the covenants therein as measuring the liability on the part of the grantor and the compensation afforded the grantee in case of breaches. The contract becomes merged in the deed and the remedy for losses when sought in its covenants must be confined to such as they give.” Matheny v. Stewart, 108 Mo. 73,…
1Opinion of the CourtBond, J.
— This is an action for a breach of covenants in a deed to land. * * * It was submitted to the court without a jury and a judgment rendered in favor of plaintiff for $375, from which defendant appeals. On the trial the following facts were shown:
*18About the first day of August, 1893, the Chas. Heer Dry Groods Company as the owner of the premises in question leased the same in writing to Wm. B. Schmidt for a term of three years for the rental value of $150, payable at the end of each year. On the thirteenth of November following it conveyed the same premises by warranty deed to the individuals…
2Cases cited6 opinions
- Allen v. KennedySupreme Court of Missouri · 1886
- Foote v. ClarkSupreme Court of Missouri · 1890
- Blondeau v. SheridanSupreme Court of Missouri · 1884
- Taylor v. HeitzSupreme Court of Missouri · 1885
- Egan v. MartinMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Staed v. RossierMissouri Court of Appeals · 1911
- Coleman v. LucksingerSupreme Court of Missouri · 1909