Black & Snyder v. Crowther & Andriano
Missouri Court of Appeals
Appeal from, the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Under the alleged contract the making of the deed and payment of the price are interdependent acts. Neither party can sue on the alleged contract without offering to comply on his part, and the grantor must bring a properly executed deed into court and leave it at the disposal of the defendants. 2 Pars, on Cont. 810; O’Riley v. Diss, 41 Mo.
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Appeal from, the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) Under the alleged contract the making of the deed and payment of the price are interdependent acts. Neither party can sue on the alleged contract without offering to comply on his part, and the grantor must bring a properly executed deed into court and leave it at the disposal of the defendants. 2 Pars, on Cont. 810; O’Riley v. Diss, 41 Mo. App. 191; Butler v. Manny, 52 Mo. 497, at p. 506, and cases cited; Randolph v. Erick, 57 Mo. App. 400; Turner v. Mellier, 59 Mo. 526; Strange v. Crowley, 91 Mo. 287; Eggec’s case,…
1Opinion of the CourtEllison, J.
— This action is for damages for breach of contract in the sale of real estate. The trial court gave judgment for defendants and afterward, on plaintiffs’ motion, granted a new trial. Defendants have appealed from the order granting the new trial. The action is based on the following writing:
“St. Joseph, Missouri, May 23d, 1892.
“Messrs. Black S Schneider.
“Gentlemen: — At your request we make this proposition to you, for your joint equity in five and one half acres of land'held by you and us; first we will take eight hundred dollars in cash for our equity as it now stands, you to assume all…
2Cases cited9 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Lente v. ClarkeSupreme Court of Florida · 1886
- Tice v. FreemanSupreme Court of Minnesota · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ray v. WoosterSupreme Court of Missouri · 1954
- Herzog v. RossSupreme Court of Missouri · 1946
- Kludt v. ConnettSupreme Court of Missouri · 1943
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Davis v. WatsonMissouri Court of Appeals · 1901
17 more not listed; retrieve them via the Exa API.