Pomeroy v. Fullerton
Supreme Court of Missouri
Appeal from, 8t. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The contract was one.for a. marketable and indefeasible title, and for a good and sufficient deed to the same. The written contract is inconsistent with and contradicts defendant’s testimony on the trial, that Reveley knew at the time the contract was made there was a cloud on the title and was willing to accept a deed to the land notwithstanding such cloud.
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Appeal from, 8t. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The contract was one.for a. marketable and indefeasible title, and for a good and sufficient deed to the same. The written contract is inconsistent with and contradicts defendant’s testimony on the trial, that Reveley knew at the time the contract was made there was a cloud on the title and was willing to accept a deed to the land notwithstanding such cloud. Luchet v. Williamson, 31 Mo. 54; Rawleon Covenants [3 Ed.], p. 562, note 4, and p. 565; Mitchner v. Holmes, 117 Mo. loe. cit. 205. Besides, it is wholly…
1Opinion of the CourtMacfarlane, J.
The suit is in equity, to enforce the specific performance of the following contract:
“Received of M. P. Reveley, $100 on account of purchase money for a certain tract of land agreed to be sold to him on conditions below mentioned: Said tract commences at the intersection of the west line of Boyle avenue with the north line of McPherson avenue, thence runs about one thousand feet west with the *587north line of McPherson avenue, to wit: to the east line of Newstead avenue prolonged, and having a depth northwardly of one hundred and forty-two feet, six inches to an alley to be dedicated, running…
2Cases cited5 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Holgate v. EatonSupreme Court of the United States · 1885
- Taylor v. WilliamsSupreme Court of Missouri · 1869
- Veth v. GierthSupreme Court of Missouri · 1887
- Fish v. LightnerSupreme Court of Missouri · 1869
3Cited by8 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
- Merrill v. Rocky Mountain Cattle Co.Wyoming Supreme Court · 1918
- Ranck v. WickwireSupreme Court of Missouri · 1914
- Shinkle v. VickerySupreme Court of Missouri · 1900
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