Wimp v. Early
Missouri Court of Appeals
Appeal from Knox Circuit Court . — Hon. E. B. McKee, Judge. Defendant’s answer was sufficient to warrant the issues submitted to the jury by the court’s instructions. “White v. Nye, 64 Mo. App. 543; Fulkerson v. Lynn, 64 Mo. App. 654. (1) It was error to submit the case on the oral waiver of Jet Wimp. Objections to submitting this defense were urged all through the trial, overruled and exceptions.
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Appeal from Knox Circuit Court . — Hon. E. B. McKee, Judge. Defendant’s answer was sufficient to warrant the issues submitted to the jury by the court’s instructions. “White v. Nye, 64 Mo. App. 543; Fulkerson v. Lynn, 64 Mo. App. 654. (1) It was error to submit the case on the oral waiver of Jet Wimp. Objections to submitting this defense were urged all through the trial, overruled and exceptions. The reservation in the deed of trust certainly secures an “interest” in leased lands; if so an agent to release it must be “lawfully authorized by writing.” R. S. 1899, sec. 3415, p. 854. (2) The…
1Opinion of the CourtGoode, J.
Plaintiff leased to J. D. and B. Williford (father and son) 800 acres of land in Scotland county during the year 1899, for which those tenants were to pay $403 rent. They gave two notes for the rent, and secured them by a deed of trust on 80 acres of land they owned in Adair county. That deed contained a recital that it should not affect plaintiff’s statutory lien on the crops grown on the leased premises. Jet Wimp, plaintiff’s son, made the lease contract with the Willifords and took the notes with the deed of trust that secured them, acting in those transactions as the business agent of the…
2Cases cited2 opinions
- Swafford v. SprattMissouri Court of Appeals · 1902
- Fulkerson v. LynnMissouri Court of Appeals · 1896
3Cited by5 opinions
- Chism v. CowanSupreme Court of Missouri · 1967
- Banning v. LivesleyWashington Supreme Court · 1915
- Zerr v. KlugMissouri Court of Appeals · 1906
- Tipton v. McClaryMissouri Court of Appeals · 1932
- Hayward v. PoindexterMissouri Court of Appeals · 1921