Matheny v. Stewart
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B.. Y allí ant, Judge. (1) In the sale of lands, if the contract is speculative, then the measure of damage is compensatory, whether the contract be executed or executory in its-form.
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Appeal from St. Louis City Circuit Court. — Hon. L. B.. Y allí ant, Judge. (1) In the sale of lands, if the contract is speculative, then the measure of damage is compensatory, whether the contract be executed or executory in its-form. And in construing the contract the courts will take into consideration the nature and character of the - subject-matter; the purpose for which it was bought. and sold; the purpose for which it was devoted; and in applying these extraneous circumstances to the written contract of the parties determine whether the loss was - within the covenants or not. Sedg.…
1Opinion of the CourtMacfarlane, J.
This is an action to recover ^damages for breach of the covenants of warranty contained in a deed made by defendant’s testator to a remote grantor of plaintiffs.
The facts as gathered from the abstract of record are in substance these: About the year 1840, one Atkinson Stewart conveyed certain lots in Aberdeen, in the state of Mississippi, to trustees for the use of Ms wife, Mary M. Stewart, during her life, and after her death to the use and benefit of the children of the grantor. In 1854, Mary M. Stewart, conveyed the lots for the express consideration of $114.25, to one John D. Robinson by…
2Cases cited7 opinions
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Hartzell v. CrumbSupreme Court of Missouri · 1886
- Hutchins v. RoundtreeSupreme Court of Missouri · 1883
- Lambert v. EstesSupreme Court of Missouri · 1889
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3Cited by15 opinions
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- Arentsen v. MorelandWisconsin Supreme Court · 1904
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