Winningham v. Trueblood
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Hon. C. C. Bland, Judge. (1) The petition states an executory contract to convey real estate in Wright county, Missouri, and before McClain could bring suit against Winningham, he must terminate such contract by first giving to him reasonable notice in writing; that he,at certain specified time,would terminate the contract; thatis,areasonabletime, accordingtothe circumstances of the case, within which he would expect the title to be made…
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Appeal from Laclede Circuit Court. — Hon. C. C. Bland, Judge. (1) The petition states an executory contract to convey real estate in Wright county, Missouri, and before McClain could bring suit against Winningham, he must terminate such contract by first giving to him reasonable notice in writing; that he,at certain specified time,would terminate the contract; thatis,areasonabletime, accordingtothe circumstances of the case, within which he would expect the title to be made as contracted at the peril of rescinding the agreement. Mastín v. Grimes, 88 Mo. 478; Tobin v. McCann, 17 Mo. App. 481.…
1Opinion of the CourtSherwood, J.
Change of venue to Laclede county of an action of ejectment for the east half of the northwest quarter and the west half of the northeast quarter of section 8, township 30, range 13, situate in Wright county. Defendant entered a general denial and also set up matter authorizing equitable relief, which was prayed. The reply tendered the general issue.. The plaintiff’s abstract of record discloses in substance this state of facts: That the plaintiff, John R. Winningham, and O. C. Winningham are brothers. That in the year 1890, O. C. Winningham, after obtaining a loan of nine hundred dollars on…
2Cases cited17 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Hunt v. . HuntNew York Court of Appeals · 1878
- Baisley v. BaisleySupreme Court of Missouri · 1893
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Hassall v. WilcoxSupreme Court of the United States · 1889
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3Cited by28 opinions
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- Franklin Union No. 4 v. PeopleIllinois Supreme Court · 1906
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
- Thompson v. Terminal Shares, Inc.Court of Appeals for the Eighth Circuit · 1937
- Chivers v. Board of Com'rs of Johnston CountySupreme Court of Oklahoma · 1916
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