Marchand v. Chicago
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Ho». C. M. Stewart, Judge. Respondent’s grantor, promised and agreed in writing, to build by October 1, 1880, tbe passway and watergap in question, as part consideration for the land it bought from Blair, and the building of which structures, respondents now concede is reasonably worth the sum of $700', and this consideration was open and expressed upon the face of Blair’s deed.
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Appeal from Lewis Circuit Court. — Ho». C. M. Stewart, Judge. Respondent’s grantor, promised and agreed in writing, to build by October 1, 1880, tbe passway and watergap in question, as part consideration for the land it bought from Blair, and the building of which structures, respondents now concede is reasonably worth the sum of $700', and this consideration was open and expressed upon the face of Blair’s deed. This watergap1 and backwater gate, respondents concede was never, at any time built. Then there was a failure to that extent, of the consideration, that Blair was to have gotten for…
1Opinion of the CourtNortoni, J.
This is a suit in equity, on a covenant, the purpose of which is to enforce a vendor’s lien upon certain real estate occupied by defendant as parcel of its railroad right of way. The court sustained a demurrer to the petition and plaintiff prosecutes the appeal. The petition is an extended document and it will not he copied in full. So many of the facts therein set forth as are material only will he mentioned.
It appears that plaintiff, F. L. Marchand, is trustee under the will of James Gr. Blair, deceased, and as such trustee is the proper party plaintiff. The petition discloses substantially…
2Cases cited5 opinions
- Gilman v. BrownU.S. Circuit Court for the District of Massachusetts · 1817
- Hiscock v. NortonMichigan Supreme Court · 1879
- Whiteley v. Central Trust Co. of New YorkCourt of Appeals for the Sixth Circuit · 1896
- Gard v. GardCalifornia Supreme Court · 1895
- Williams v. CrowSupreme Court of Missouri · 1884
3Cited by3 opinions
- Kosters v. HooverCourt of Appeals for the D.C. Circuit · 1938
- Zumwalt v. GoodwinCourt of Appeals for the Tenth Circuit · 1943
- Dixie Industrial Co. v. BensonSupreme Court of Alabama · 1918