Lee v. Howe
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. The petition in this cause sets forth substantially that in the month of November or December, 1854, plaintiff purchased of one Jarvis a certain tract of land for $550; that he gave to said Jarvis three several promissory notes, payable in March, 1855, July, 1855, and January, 1856; that Jarvis executed and gave to plaintiff an agreement in writing whereby he agreed to convey said tract to plaintiff when the latter should pay said notes ;…
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Appeal from Jefferson Circuit Court. The petition in this cause sets forth substantially that in the month of November or December, 1854, plaintiff purchased of one Jarvis a certain tract of land for $550; that he gave to said Jarvis three several promissory notes, payable in March, 1855, July, 1855, and January, 1856; that Jarvis executed and gave to plaintiff an agreement in writing whereby he agreed to convey said tract to plaintiff when the latter should pay said notes ; that Jarvis put plaintiff in possession of said land, and that he, plaintiff, made lasting and valuable improvements…
1Opinion of the CourtNapton, Judge
The sale of the land by the defendant to Yose, who appears to be a purchaser for a valuable consideration and without notice of any claim of the plaintiff, has put it entirely out of the plaintiff’s power to go into a court of equity and ask for a specific performance.
As the title bond is executed by Jarvis and not by the defendant, the plaintiff can bring no action at law upon the bond for damages. There was however a parol agreement, as admitted in the answer and proved on the trial, between Jarvis, plaintiff and defendant, that the latter would convey to plaintiff upon the payment of the…
2Cited by6 opinions
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Enlow v. NewlandMissouri Court of Appeals · 1886
- Heron v. PeischSupreme Court of Missouri · 1912
- Lower's AppealSupreme Court of Pennsylvania · 1872
- Lower's AppealSupreme Court of Pennsylvania · 1872
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