Luther v. Brown
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M„ Hughes, Judge. (1) The court erred in holding that plaintiff’s losses in bonuses paid to keep the defendant’s mortgage from closing him out was “a mere accident and the other party could not be held liable,” and in excluding the proposed evidence.
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Appeal from Audrain Circuit Court. — Hon. E. M„ Hughes, Judge. (1) The court erred in holding that plaintiff’s losses in bonuses paid to keep the defendant’s mortgage from closing him out was “a mere accident and the other party could not be held liable,” and in excluding the proposed evidence. (2) The court also erred in excluding the proposed evidence of Lakenan and Barnes to prove trouble and loss in attempting to raise money to pay off defendant Brown’s deed of trust or the interest coupons on same, and in disregarding the evidence of the expense paid for release, etc. The appellant ought…
1Opinion of the CourtBobinson, J.
Plaintiff instituted this suit in the Audrain circuit court, for breach of covenants contained in a warranty deed made by defendant to plaintiff, wherein it is alleged that by reason of incumbrances placed and suffered to remain upon the lands conveyed to him by plaintiffs, which he was required to pay off and discharge, and for other costs and expenses he was put to in removing a cloud and apparent outstanding titles against said lands, he is damaged in the sum of $1,000, for which he asks judgment against plaintiff.
At the close of plaintiff’s case in the trial court judgment was rendered…
2Cited by1 opinion
- Coleman v. ClarkMissouri Court of Appeals · 1899