Sharp v. Cheatham
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Noah M, Gtvah, Judge. (1) The contract sued on was a personal covenant; did not run with the land or create a privity of estate between the original parties or their grantees, the parties to this action. Wash, on Real Prop. [3 Ed.] top pp. 261, 262, 283, side pages 15, 16, and cases cited; Cole x.
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Appeal from Johnson Circuit Court. — Hon. Noah M, Gtvah, Judge. (1) The contract sued on was a personal covenant; did not run with the land or create a privity of estate between the original parties or their grantees, the parties to this action. Wash, on Real Prop. [3 Ed.] top pp. 261, 262, 283, side pages 15, 16, and cases cited; Cole x. Hughes, 54 N. Y. 444. (2) The original parties to the contract sued on intended only to bind themselves and only employed terms to that end. They did not bind their representatives and assigns, and the law will not thus contract for them. Wiggins Ferry Co.…
1Opinion of the CourtSherwood, J.
Plaintiff instituted this proceeding-in equity on the following contract:
“Article of agreement, made and entered into this seventh day of July, 1868, by and between Roach & Stitt and Austin Elliott, all of the town of Warrensburg,. county of Johnson and state of Missouri. Witnesseth : That the said Austin Elliott, party of the second part, hereby agrees that the said Roach & Stitt, party of the first part, shall place the walls of their building, now in process of erection, six [6] inches on the lot now owned by the party of the second part; and the said party of the second-part further…
2Cases cited16 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- May v. Le ClaireSupreme Court of the United States · 1871
- Cole v. . HughesNew York Court of Appeals · 1873
- Campbell v. MesierNew York Court of Chancery · 1819
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hawkes v. HoffmanWashington Supreme Court · 1909
- Lingle Water Users' Ass'n v. Occidental Building & Loan Ass'nWyoming Supreme Court · 1931
- Southern Bank v. NicholsSupreme Court of Missouri · 1907
- Munson v. EnsorSupreme Court of Missouri · 1887
- Burr v. LamasterNebraska Supreme Court · 1890
16 more not listed; retrieve them via the Exa API.