Hoffmann v. City of Columbia
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hock ad ay, Judge. Hoffmann being a mere vendee under an executory contract of sale, was not the owner of the property, and could not maintain an action for injuries done to it prior to the time at which he acquired title by the delivery of the deed from Mrs. Riggins. Des Jardins v. Boom Co., 54 N. W. Rep. 718; Moyer v. Scott, 30 Mich. 345; Bick v. Hill, 27 Mo. App. 504, 558; Deland v. Yanstone, 26 Mo.
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Appeal from the Boone Circuit Court. — Hon. John A. Hock ad ay, Judge. Hoffmann being a mere vendee under an executory contract of sale, was not the owner of the property, and could not maintain an action for injuries done to it prior to the time at which he acquired title by the delivery of the deed from Mrs. Riggins. Des Jardins v. Boom Co., 54 N. W. Rep. 718; Moyer v. Scott, 30 Mich. 345; Bick v. Hill, 27 Mo. App. 504, 558; Deland v. Yanstone, 26 Mo. App 297. After the execution of the written contract for the purchase of the property, it was at plaintiff’s risk, and he should be entitled…
1Opinion of the CourtSmith, P. J.
This is an action by the plaintiff against defendant, a city of the third class, to recover damages occasioned by the action of the latter in changing the grade of certain designated streets in *555front of the property of the former, in pursuance, of an ordinance passed for that purpose. At the time of the passage of the ordinance Mrs. Eiggins was the owner in fee of the property and between that time and the change of the grade of said streets, she entered into a written contract with the plaintiff for the sale of the property and the execution of a deed therefor. The deed was not executed…
2Cases cited6 opinions
- Crowe v. PetersSupreme Court of Missouri · 1876
- Snyder v. MurdockSupreme Court of Missouri · 1872
- Tatum v. BrookerSupreme Court of Missouri · 1872
- Moyer v. ScottMichigan Supreme Court · 1874
- Deland v. VanstoneMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Goodwin v. S. J. Groves & Sons Co.Missouri Court of Appeals · 1975
- Moseley v. Northwestern National InsuranceMissouri Court of Appeals · 1905
- New Harmony Lodge No. 71 v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1903