Woodward v. Van Hoy
Supreme Court of Missouri
Error to First District Court. I. When the purchase money has been paid and the vendee is in possession he can not rescind and recover back the purchase money, even though the vendor make default to convey. His only remedy in such cases is by petition for specific performance. (1 Hilliard on Vendors, 299, § 18; Barickman v. Kuykendall, 6 Blackf. 21; Secrest v Jones, 21 Texas, 121.) II.
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Error to First District Court. I. When the purchase money has been paid and the vendee is in possession he can not rescind and recover back the purchase money, even though the vendor make default to convey. His only remedy in such cases is by petition for specific performance. (1 Hilliard on Vendors, 299, § 18; Barickman v. Kuykendall, 6 Blackf. 21; Secrest v Jones, 21 Texas, 121.) II. Nor can the contract be rescinded by the vendee without restoring possession to the vendor. (Tompkins v. Hyatt, 28 N. Y., 1 Tiffany, 347; McDonald v. 'Vafughn, 14 La. An. 716; Bellows y. Clark, 20 Ark. 421;…
1Opinion of the CourtWagner, Judge
The defendant executed to one Eliza Crowell a title bond, whereby he bound himself to convey to said Eliza a certain lot therein described, upon payment of the purchase money. This bond was subsequently assigned and transferred to the plaintiff in this case, -who paid the purchase money, and took possession of and occupied the premises.
At the time of the original purchase, when the title bond was made, the defendant was not in a condition to execute a deed, as he had purchased at sheriff’s sale, and the sheriff had not conveyed the same to him. Ho afterwards obtained a deed, and the plaintiff…
2Cases cited3 opinions
- Tompkins v. . HyattNew York Court of Appeals · 1863
- Luckett v. WilliamsonSupreme Court of Missouri · 1860
- Dillon v. ChouteauSupreme Court of Missouri · 1842
3Cited by6 opinions
- Ward v. JamesOregon Supreme Court · 1917
- Montgomery v. WiseMissouri Court of Appeals · 1909
- Cozart v. . FlemingSupreme Court of North Carolina · 1898
- Davis v. Dean Vincent, Inc.Oregon Supreme Court · 1970
- State ex rel. Metcalf v. GareschéMissouri Court of Appeals · 1877
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