Boothe v. Loy
Missouri Court of Appeals
Appeal from the Lawrence Oircnit Court.- — Hon. Henry Olay Pepper, Judge. (1) When Boothe paid the purchase price therefor and bonds 1, 2, 3, 4 and 5, of the Brinkerhoff Zinc Company, ■were executed and deposited for him, with the defendant bank, the sale thereof was complete and the title thereto vested in the plaintiff. Harding v. Maynard, 55 Mo. App. 364; Allgear v. Walsh, 24 Mo.
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Appeal from the Lawrence Oircnit Court.- — Hon. Henry Olay Pepper, Judge. (1) When Boothe paid the purchase price therefor and bonds 1, 2, 3, 4 and 5, of the Brinkerhoff Zinc Company, ■were executed and deposited for him, with the defendant bank, the sale thereof was complete and the title thereto vested in the plaintiff. Harding v. Maynard, 55 Mo. App. 364; Allgear v. Walsh, 24 Mo. App. 139; 2 Benj. on Sales, sec. 360, chaps. 4 and 5; Tiedeman on Sales, sec. 139, p. 191; Hamilton v. Clark, 25 Mo. App. 436. (2) At the time of the payment by Boothe for the bonds sold him, if then entered into…
1Opinion of the CourtBland, P. J.
In 1897 the Miners and Merchants Bank (a corporation) owned a seven-acre tract of land near Aurora, Missouri.
In August of that year it agreed to sell the land to the Brinkerhoff Zinc Company (a corporation) for $6,000; the latter paid $500 down and agreed to pay the balance, $5,500 in six months, or forfeit the payment of the $500 paid. At the expiration of six months the Brinkerhoff Zinc Company elected to take the land having partially developed the mine on the tract, but was unable to pay the balance of the purchase price. It was then agreed that the Brinkerhoff Zinc Company should execute…
2Cases cited3 opinions
- Crowe v. PetersSupreme Court of Missouri · 1876
- Kabrich v. State InsuranceMissouri Court of Appeals · 1892
- Mohoney v. German InsuranceMissouri Court of Appeals · 1891
3Cited by6 opinions
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
- Cramer v. BarmonSupreme Court of Missouri · 1906
- Percell v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Scanlan v. GulickSupreme Court of Missouri · 1906
- Commerce Trust Co. v. WhiteMissouri Court of Appeals · 1913
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