Thompson v. Dickerson
Missouri Court of Appeals
Appeal from the Saline Circuit Court. — Hon. Eiohard Field, Judge. (1) The defendant’s petition does not state facts sufficient to constitute a cause of action. Pershing v. Canfield, 70 Mo. 144; Dietrich v. From, 47 Mo. 88; Basye v. Ambrose, 32 Mo. 484; Birge v. Bock, 24 Mo. App. 330; s. o., 44 Mo. App. 69; Boy v. Boteler, 40 Mo. App. 222; Mohney v. Reed, 40 Mo.
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Appeal from the Saline Circuit Court. — Hon. Eiohard Field, Judge. (1) The defendant’s petition does not state facts sufficient to constitute a cause of action. Pershing v. Canfield, 70 Mo. 144; Dietrich v. From, 47 Mo. 88; Basye v. Ambrose, 32 Mo. 484; Birge v. Bock, 24 Mo. App. 330; s. o., 44 Mo. App. 69; Boy v. Boteler, 40 Mo. App. 222; Mohney v. Reed, 40 Mo. App. 99. (2) If the plaintiff was prevented from performing or offering to perform by any default of defendant, and relied upon such default, as an excuse or reason, he should have expressly pleaded it, which he did not. Lanits v.…
1Opinion of the CourtEllison, J.
This action is for damages and is based on a contract for the sale of lands. Plaintiff recovered in the trial court. Plaintiff and defendant entered into a written contract, whereby defendant sold to plaintiff seventy-five acres of land for $2,150, $50 paid in cash, on the execution of the contract, and the balance to be paid upon a compliance with other terms of the contract, as to title, including the execution of a deed for the land, conveying title in fee simple to the plaintiff. The contract contained, among other provisions, the following: “And said first party hereby agrees to furnish…
2Cases cited7 opinions
- Church v. ShanklinCalifornia Supreme Court · 1892
- Mitchner v. HolmesSupreme Court of Missouri · 1893
- Reynolds v. BorelCalifornia Supreme Court · 1890
- Noyes v. JohnsonMassachusetts Supreme Judicial Court · 1885
- Allen v. PockwitzCalifornia Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tucker v. ThravesSupreme Court of Oklahoma · 1915
- Campbell v. HartCourt of Appeals of Texas · 1953
- Moser v. TuckerCourt of Appeals of Texas · 1917
- City of Amarillo v. W. L. Slayton Co.Court of Appeals of Texas · 1919
- Peter St. Clair v. HellwegMissouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.