Hain v. Burton
Missouri Court of Appeals
Appeal from Howard Circuit Court. — Hon. Alexander H. Waller, Judge. (1) Plaintiff having tendered his deed, conveying a good title was entitled to recover the balance of the unpaid purchase money. .29 Am. and Eng. Enc. of Law, (2 Ed.), 719; Scudder v. Waddingham, 7 Mo. App. 26; Davis v. Watson, 89 Mo.
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Appeal from Howard Circuit Court. — Hon. Alexander H. Waller, Judge. (1) Plaintiff having tendered his deed, conveying a good title was entitled to recover the balance of the unpaid purchase money. .29 Am. and Eng. Enc. of Law, (2 Ed.), 719; Scudder v. Waddingham, 7 Mo. App. 26; Davis v. Watson, 89 Mo. App. 15. (2) The deed from the plaintiff to the defendant and the defendant’s deed to the plaintiff, taken in connection with the letters of defendant to W. C. Knight, dated March 30, 1905, and the one to plaintiff, of April 11, 1905, the memoranda of Stephens attached to the respective deeds…
1Opinion of the Court
BROADDUS, P. J. —
The allegations of the petition are that on the 5th day of April, 1905, the plaintiff and defendant agreed to exchange farms; that he OAvned a certain farm in Howard county containing 393.96 acres, which was encumbered by a deed of trust to the amount of $10,000; that defendant OAvned a certain farm in Callaway county containing 282.50 acres, subject to encumbrances aggregating $6,000 that defendant agreed to *581make him a Avarranty deed to his Callaway farm subject to the encumbrances for the expressed consideration of $10,000; and the plaintiff agreed to convey to defendant by…
2Cases cited5 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Cagger v. . LansingNew York Court of Appeals · 1871
- McConnell v. BraynerSupreme Court of Missouri · 1876
- Peycke Bros. v. AhrensMissouri Court of Appeals · 1903
- Christensen v. WooleyMissouri Court of Appeals · 1890
3Cited by5 opinions
- Kludt v. ConnettSupreme Court of Missouri · 1943
- Rosenberg v. Gas Service CompanyMissouri Court of Appeals · 1962
- Wheeler v. BlantonMissouri Court of Appeals · 1952
- Wilcox v. SonkaMissouri Court of Appeals · 1909
- Campbell v. SnoddyMissouri Court of Appeals · 1923