Legal Opinion

South Joplin Land Co. v. Case

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 27 opinions

Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) There was not in law or equity any sale of the notes. Nothing but the land was sold. 1 Story on Contracts, pp. 40, 45; Chitty on Contracts, pp. 136, 5&1 ; Taylor v. Williams, 45 Mo. 80; Underwood v. Underwood, 48 Mo. 527; Sitton ®. Shipp, 65 Mo. 305; Benjamin on Sales [ 2 Ed. ] 1; Williamson v. Berry, 8 How.

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Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. (1) There was not in law or equity any sale of the notes. Nothing but the land was sold. 1 Story on Contracts, pp. 40, 45; Chitty on Contracts, pp. 136, 5&1 ; Taylor v. Williams, 45 Mo. 80; Underwood v. Underwood, 48 Mo. 527; Sitton ®. Shipp, 65 Mo. 305; Benjamin on Sales [ 2 Ed. ] 1; Williamson v. Berry, 8 How. ( U. S.) 544. (2) Case was but a stockholder, and had a right to make $2,000 profit upon the land, and as much more as he could. He was not required to inform plaintiff or anybody else what he (Case) was paying for the…

1Opinion of the CourtBlack, J.

— This is a suit in equity brought by the plaintiff corporation against Geo. C. Case and F. M. Redburn to recover the value of certain notes amounting to $2,060. During the trial the petition was amended so as to include a demand against Case alone for the further sum of $2,000. There was a decree according to the prayer of the petition as amended.

Dr. Carter who resided at Carthage owned three hundred and twenty acres of land adjoining Joplin. Part of the land had been laid off into an addition, and ■Carter had sold some of the lots, but he held notes for the deferred payments on the lots so…

2Cases cited2 opinions

  1. Bent v. PriestSupreme Court of Missouri · 1885
  2. Landis v. SaxtonSupreme Court of Missouri · 1886

3Cited by27 opinions

  1. Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
  2. Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
  3. Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
  4. Yeiser v. United States Board & Paper Co.Court of Appeals for the Sixth Circuit · 1901
  5. California-Calaveras Mining Co. v. WallsCalifornia Supreme Court · 1915

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