Ives v. Kimlin
Missouri Court of Appeals
Appeal from Crawford Circuit Court. — Hon. L. B. Woodside, Judge. (1) Tbe subsequent agreement, if it bound Espen-scheid to accept Harrison’s judgment of tbe sufficiency of tbe abstract, would be at fatal variance with tbe original contract and void under tbe Statute of Frauds. Hamilton v. Brewing Co., 125 Mo. App. 579; Miller v. Goodrich Bros., 53 Mo. App. 430; Rucker v. Harrington, 52 Mo. App. 481; Warren v. Mayer Mfg.
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Appeal from Crawford Circuit Court. — Hon. L. B. Woodside, Judge. (1) Tbe subsequent agreement, if it bound Espen-scheid to accept Harrison’s judgment of tbe sufficiency of tbe abstract, would be at fatal variance with tbe original contract and void under tbe Statute of Frauds. Hamilton v. Brewing Co., 125 Mo. App. 579; Miller v. Goodrich Bros., 53 Mo. App. 430; Rucker v. Harrington, 52 Mo. App. 481; Warren v. Mayer Mfg. Co., 161 Mo. 112; Ringer v. Holzclaw, 112 Mo. 522; Harrison v. Railroad Co., 50 Mo. App. 332. (2) James S. Paul and Henrietta Paul, claiming tbrougb a devise in a will wbicb…
1Opinion of the CourtGray, J.
On the 15th day of April, 1908, plaintiff contracted in writing to sell his farm of about seven hundred acres, in Crawford county, to Samuel Espenchied, of Illinois. The price of the land was $9,000, and a lot situated in Salina, Kansas. The clause of the contract material to the issue, is as follows :
“The said party of the second part has this day deposited with the Crawford County Farmer’s Bank, the sum of one thousand dollars which said sum is to he held by the said hank until the said party of the first part furnishes a full and complete abstract of the title showing a perfect title to…
2Cases cited9 opinions
- Haring v. SheltonTexas Supreme Court · 1909
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Hopkins v. HopkinsTexas Supreme Court · 1909
- Yocum v. SilerSupreme Court of Missouri · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Nixon v. FranklinSupreme Court of Missouri · 1956
- McCaw v. O'MalleySupreme Court of Missouri · 1923
- Peter St. Clair v. HellwegMissouri Court of Appeals · 1913
- Wilt v. HammondMissouri Court of Appeals · 1914
- Norman v. McLellandMissouri Court of Appeals · 1962
6 more not listed; retrieve them via the Exa API.