Mires v. Summerville
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) This petition states no cause of action. Brauchmann v. Leighton, 67 Mo. App. 245. (2) Parol testimony is not admissible to vary the contract. Hobein v. Erick, 69 Mo.
Read the full summary
Appeal from the Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. (1) This petition states no cause of action. Brauchmann v. Leighton, 67 Mo. App. 245. (2) Parol testimony is not admissible to vary the contract. Hobein v. Erick, 69 Mo. App. 263; Morgan v. Porter, 103 Mo. 140; Pearson v. Carson, 69 Mo. 550; State ex rel. v. Hoshaw, 98 Mo: 360. (3) This is a suit at law and there is no claim for equitable interference or that plaintiffs were imposed on by defendants at the making of the deed, or that anything was left out of the deed by accident, mistake or fraud. Plaintiffs can not…
1Opinion of the CourtEllison, J.
— Plaintiff bought of defendant a tract of land receiving from him a warranty deed therefor, reciting a consideration of three hundred and eighty dollars and describing the land as follows: “The north half of the northeast quarter lying north'of Grand River of section twenty-eight (28), township fifty-seven (57), of range twenty-three (23), in Livingston county, Missouri, containing thirty-one and seventy-eight hundredths acres, more or less.” There were only seventeen and one-half acres in the tract and plaintiff brought this action for $200 damages by reason of the shortage in acres.…
2Cases cited8 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Cahn v. ReidMissouri Court of Appeals · 1885
- Long v. . WarrenNew York Court of Appeals · 1877
- Savage v. StevensMassachusetts Supreme Judicial Court · 1879
- Ladd v. PigottIllinois Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Judd v. WalkerMissouri Court of Appeals · 1905
- Chase v. RuskCourt of Appeals of Kansas · 1901
- Hendricks v. VivionMissouri Court of Appeals · 1906
- Martin v. HillMissouri Court of Appeals · 1907