Sailor v. Gilfillan
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. Plaintiff cites the following authorities as in his opinion sustaining his position: Cravens v. Pettit, 16 Mo. 210; Hogan v. Page, 22 Mo. 55; Schultz'v. Lindell, 40 Mo. 330; Gitt v. Fppler, 56 Mo. 138; Norfleet v. Bussell, 64 Mo. 176. Where land with reference to which a contract is made is in the writing designated neither by metes or bounds or by numbers, but only by words designating its proximity to…
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. Plaintiff cites the following authorities as in his opinion sustaining his position: Cravens v. Pettit, 16 Mo. 210; Hogan v. Page, 22 Mo. 55; Schultz'v. Lindell, 40 Mo. 330; Gitt v. Fppler, 56 Mo. 138; Norfleet v. Bussell, 64 Mo. 176. Where land with reference to which a contract is made is in the writing designated neither by metes or bounds or by numbers, but only by words designating its proximity to other lands, this is sufficiently explicit, if the words are precise enough to render it capable of identification.…
1Opinion of the CourtEllison, J.
This action is for damages charged to have accrued to plaintiff by reason of defendant refusing to comply with his written contract to convey to plaintiff a tract of land. The trial court held the contract to be void for uncertainty of description. Plaintiff appealed.
The description is as follows: ‘‘That R. E. Gril-fillan, party of the first part, has this day sold to Charles F. Sailor his farm of 79 3-4 acres, seven and one half miles east of Schell City, Mo., known as the Ed. Story farm.”
*154The view taken by the circuit court was, we think, erroneous. The contract itself, aside from matter of…
2Cases cited5 opinions
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Bollinger County v. McDowellSupreme Court of Missouri · 1889
- Cravens v. PettitSupreme Court of Missouri · 1852
3Cited by1 opinion
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898