Buchanan v. Layne
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) It is fundamental that in declaring on a contract containing stipulations to be performed by the plaintiff precedent to the performance of the agreement of the defendant, the plaintiff must allege the performance of such stipulations. He' can not plead performance, on his part, of a part of the contract, and his failure to perform another part of the contract,' unless the contract is apportionable.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) It is fundamental that in declaring on a contract containing stipulations to be performed by the plaintiff precedent to the performance of the agreement of the defendant, the plaintiff must allege the performance of such stipulations. He' can not plead performance, on his part, of a part of the contract, and his failure to perform another part of the contract,' unless the contract is apportionable. Hence, the court should have sustained the demurrer to both counts of plaintiff’s petition. Basye v. Ambrose, 32 Mo. 484; Neenan…
1Opinion of the CourtEllison, J.
On the eleventh of May, 1899, the defendant sold to plaintiff a mining lease for the sum of three thousand dollars, agreeing, in certain conditions, to repurchase of plaintiff at the end of one year for the same sum. At the expiration of a year plaintiff offered to transfer the lease back to defendant and demanded the money he had paid him, which defendant refused. Plaintiff then instituted this action to recover that sum and prevailed in the trial court. The contract sued on was written in the following words:
“For and in consideration of the sum of three thousand dollars, the receipt of…
2Cases cited9 opinions
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Anderson v. MaySupreme Court of Minnesota · 1892
- Cowley v. DavidsonSupreme Court of Minnesota · 1868
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3Cited by4 opinions
- St. Louis Southwestern Railway Co. v. JohnstonCourt of Appeals of Texas · 1910
- Missouri Military Academy v. McCollumMissouri Court of Appeals · 1961
- Anderson v. Cliff Gold Mining Co.Wyoming Supreme Court · 1934
- World's Fair Mining Co. v. PowersArizona Supreme Court · 1909