Davis v. Watson
Missouri Court of Appeals
Appeal from Macon Circuit Court. — lion, Andrew Ellison, Judge. (1) Plaintiffs’ petition does not state facts sufficient to constitute a cause of action. It does not allege that plaintiffs had a good and sufficient title free from all incumbrances which they were ready and willing to convey. Turner v. Ogden, 1 Black (S. O., U S.), 450; s. c. (Law’s Ed.), Book 1Y, p. 203; Scudder v. Waddingham, Y Mo.
Read the full summary
Appeal from Macon Circuit Court. — lion, Andrew Ellison, Judge. (1) Plaintiffs’ petition does not state facts sufficient to constitute a cause of action. It does not allege that plaintiffs had a good and sufficient title free from all incumbrances which they were ready and willing to convey. Turner v. Ogden, 1 Black (S. O., U S.), 450; s. c. (Law’s Ed.), Book 1Y, p. 203; Scudder v. Waddingham, Y Mo. App. 26; Wellman v. Dismukes, 42 Mo. 101, 105, 106; Cress v. Blodgett, 64 Mo. 449, 451; Dietrich v. Eranz, 4Y Mo 85. (2) The petition nowhere alleges that the deed tendered is in accordance with…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for the non-performance of a contract relating to the sale of an interest in land. The contract is alleged in the petition to be as follows:
“Bevier, Mo., Nov. 14, 1890.
“This agreement certifies that Wesley H. Loomis and Wm. S. Watson have this day purchased from James W. Davis and Margaret Davis, his wife, for one thousand dollars, the exclusive right of way for any railroad or switch or railroad purposes over his farm of eighty acres.
“If we build a switch, we will occupy only seventy feet in width up the ravine, namely, the south half of the southwest…
2Cases cited25 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Fuhr v. DeanSupreme Court of Missouri · 1857
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- Carter v. ButlerSupreme Court of Missouri · 1915
- Bolomey v. HouchinsMissouri Court of Appeals · 1950
- Lumaghi v. AbtMissouri Court of Appeals · 1907
- Di Pasco v. ProsserSupreme Court of Missouri · 1954
9 more not listed; retrieve them via the Exa API.