Groomer v. McCully
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The agreement lacks in mutuality. Brown v. Rice, 29 Mo. 322; Glass v. Rowe, 103 Mo. 539; Jones v. Durgin, 16 Mo. App. 370; Gann v. Railroad, 65 Mo.
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Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The agreement lacks in mutuality. Brown v. Rice, 29 Mo. 322; Glass v. Rowe, 103 Mo. 539; Jones v. Durgin, 16 Mo. App. 370; Gann v. Railroad, 65 Mo. App. 672. (2) MeCully had the right to recall his proposition and not be further bound, independent of the feature of his want of knowledge of obligations on his covenants at the time he agreed to pay not to exceed $50. Jones v. Durgin, supra; Church v. Kendall, 121 Mass. 529; McCabe v. O’Conner, 69 Iow'a 134; 6 Am. and Eng. Ency. of Law (2 Ed.), page 689, and authorities there…
1Opinion of the Court
ELLISON, J.-
-This is an action on a special verbal contract between plaintiff and defendant. The judgment in the trial court was for plaintiff. It appears that defendant was the owner of a certain forty acres of' land and that he conveyed it by warranty deed to his son. That the son thereafter conveyed to this plaintiff by warranty deed. Afterwards, plaintiff discovered a defect in the paper title which could be corrected by quitclaim deeds from some heirs of a person who owned the land prior to defendant’s purchase. Plaintiff and defendant met and discussed the defect, whereupon defendant…
2Cases cited6 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Miller v. . McKenzieNew York Court of Appeals · 1884
- Hilton v. SouthwickSupreme Judicial Court of Maine · 1840
- White v. . BaxterNew York Court of Appeals · 1877
- Barnes v. PerineNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sooy v. WinterMissouri Court of Appeals · 1915