Leet v. Gratz
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) There is no splitting of cause of action. The judgment in the prior case of Leet v. Gratz is no bar to a recovery in this action. Leet v. Gratz, 92 Mo. App. 432; Priest v. Deaver, 22 Mo. App. 282; Menges v. Piano Company, 96 Mo.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) There is no splitting of cause of action. The judgment in the prior case of Leet v. Gratz is no bar to a recovery in this action. Leet v. Gratz, 92 Mo. App. 432; Priest v. Deaver, 22 Mo. App. 282; Menges v. Piano Company, 96 Mo. App. 611; Taylor v. Heitz, 87 Mo. 665; 2 Black on Judgments, sec. 734; 1 Sutherland on Damages, 228. (2) The measure of plaintiff’s damages is the sum paid to procure the interests of Ed and Catherine Gannon, together with his reasonable expenses and attorney’s fee. Hazlett v. Woodruff,…
1Opinion of the CourtNortoni, J.
(after stating the facts.) — As appears from the finding of facts made by the learned trial judge, which we have deemed proper to incorporate as a true and accurate statement of the case, the action is on the covenant of indefeasible seizin implied in the statutory words “grant, bargain and sell” (sec. 907, R. S. 1899) and on an express covenant of warranty of usual import in the deed, and for the breach of both of said covenants, which breach is an eviction, operated by the purchase of the interests of several devisees in the paramount title, after its paramountcy was established by judgment…
2Cases cited24 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Scriver v. . SmithNew York Court of Appeals · 1885
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Beach v. . CrainNew York Court of Appeals · 1848
- Wisconsin v. TorinusSupreme Court of Minnesota · 1881
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3Cited by8 opinions
- Soderberg v. HoltUtah Supreme Court · 1935
- Pineland Mfg. Co. v. Guardian Trust Co.Missouri Court of Appeals · 1909
- E. B. Jones Motor Co. v. NiedringhausMissouri Court of Appeals · 1959
- Staed v. RossierMissouri Court of Appeals · 1911
- Ormsby v. A. B. C. Fireproof Warehouse Co.Missouri Court of Appeals · 1926
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