Hartzell v. Crumb
Supreme Court of Missouri
Appeal from, Gape Girardeau Court of Common Pleas. — Hon. Robert L. Wilson, Judge. (1) Damages claimed because of an increase of the value of the lands are not general, but special. It was necessary, therefore, that the damages thus claimed should be alleged with particularity, in order to prevent surprise to the defendant. State ». Blackman, 51 Mo. 319 ; O' Leary n.
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Appeal from, Gape Girardeau Court of Common Pleas. — Hon. Robert L. Wilson, Judge. (1) Damages claimed because of an increase of the value of the lands are not general, but special. It was necessary, therefore, that the damages thus claimed should be alleged with particularity, in order to prevent surprise to the defendant. State ». Blackman, 51 Mo. 319 ; O' Leary n. Cowan, 31 Mo. 117; Lusk v. Briscoe, 65 Mo. 555. (2) The petition is founded upon a- contract alleged to be evidenced by the receipt of August 20,1881, signed by “O. P. Hedges & Co., Agents.” The receipt is not a contract of the…
1Opinion of the Court
Black, J. —
Plaintiffs, who are partners under the name of Hartzell & Brother, brought this suit to recover damages for a breach of the following contract:
“Received of Hartzell & Brother one hundred dollars as earnest money on purchase of 722 acres, leaving a balance of fourteen hundred dollars (describing land), in Bollinger county, Missouri, the last described 165 acres to be Q. C. deed, balance warranty, from the owner, D. S. Crumb, and his wife.
“O. P. Hedges & Company, Agents.
“Bloomfield, Mo., August 20, 1881.”
Hedges & Company were real estate agents at St. Louis, and had Crumb’s land for…
2Cases cited3 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Klostermann v. LoosSupreme Court of Missouri · 1874
3Cited by16 opinions
- Otto v. YoungSupreme Court of Missouri · 1910
- Dunning v. Alfred H. Mayer CompanyMissouri Court of Appeals · 1972
- Matheny v. StewartSupreme Court of Missouri · 1891
- Arentsen v. MorelandWisconsin Supreme Court · 1904
- Bobst v. SonsSupreme Court of Missouri · 1952
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