Pershing v. Canfield
Supreme Court of Missouri
Appeal from, Linn Court of Common Pleas. — Hon. Thomas Whittaker, Judge. Plaintiff failed to show either title, or that defendant entered under him; yet asks the court to require the defendant to'pay him for an indefeasible title, and that, too, without even a tender of a paper warranty or deed. The agreement on defendant’s part to pay, and on plaintiff’s part to convey by deed, are mutual; and without tender of a deed plaintiff cannot recover.
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Appeal from, Linn Court of Common Pleas. — Hon. Thomas Whittaker, Judge. Plaintiff failed to show either title, or that defendant entered under him; yet asks the court to require the defendant to'pay him for an indefeasible title, and that, too, without even a tender of a paper warranty or deed. The agreement on defendant’s part to pay, and on plaintiff’s part to convey by deed, are mutual; and without tender of a deed plaintiff cannot recover. Dietrich v. Franz, 47 Mo. 85. The contract for a warranty deed, even if tender was made, is not satisfied by a mere paper warranty. The vendor…
1Opinion of the Court
Henry, J. —
On the 28th day of November, 1870; plaintiff sold to defendant 220 acres of land for $750,- payable in .installments as -follows: $187.50 April 1st, 1871, *142and $562.50 in four equal annual payments from April 1st, 1871,.plaintiff agreeing to convey the land to defendant by general warranty deed on payment of the first installment, and defendant to execute a deed of trust on the land to secure the other installments. These stipulations were contained in an article of agreement executed by the parties in which also was the following : “ The said Pershing 'hereby delivers to the said…
2Cases cited4 opinions
- Harvey v. MorrisSupreme Court of Missouri · 1876
- Smith v. BusbySupreme Court of Missouri · 1852
- Pratt v. CanfieldSupreme Court of Missouri · 1877
- Isler v. EggerSupreme Court of Missouri · 1852
3Cited by14 opinions
- Harris & Mitchell v. Amoskeag Lumber Co.Supreme Court of Georgia · 1897
- Cann v. CannWest Virginia Supreme Court · 1894
- Taylor v. NewmanSupreme Court of Missouri · 1883
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- Davis v. WatsonMissouri Court of Appeals · 1901
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