Legal Opinion

Curtis v. Sexton

Missouri Court of Appeals

Decided January 24, 1910PublishedCited by 7 opinions

Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (T) There is an important distinction between a perfected contract and an option contract. Hollman y. Conlan, 143 Mo. 369. Parties cannot lie by and speculate on their own contracts. Brown’s Ex. v. M'assy, 138 Mo. 519; Durrett y. Hook, 8 Mo. 374; Waterman v Banks, 144 U. S. 394; Armour y. Oason, 95 M'o. App. 426. (2) If the contract does not fix the time for performance the law implies a reasonable time.

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Appeal from Jackson Circuit Court. — Hon. Thomas J. Beehorn, Judge. (T) There is an important distinction between a perfected contract and an option contract. Hollman y. Conlan, 143 Mo. 369. Parties cannot lie by and speculate on their own contracts. Brown’s Ex. v. M'assy, 138 Mo. 519; Durrett y. Hook, 8 Mo. 374; Waterman v Banks, 144 U. S. 394; Armour y. Oason, 95 M'o. App. 426. (2) If the contract does not fix the time for performance the law implies a reasonable time. Blake Mfg. Co. y. Gaeger, 81 Mo. App. 239; Bryant v. Baling, 4 Mo. 522. To make a valid contract the parties must assent to…

1Opinion of the CourtEllison, J.

Defendant and his partner Bracking executed a written contract to plaintiff, in their partnership name, agreeing to purchase a one-sixteenth interest in certain lands owned by plaintiff in Kansas City, Missouri, at a certain date, if plaintiff desired them to do so. Plaintiff, claiming a breach of the contract, brought this action for damages against defendant alone. He recovered judgment in the circuit court. The contract reads as follows:

“Kansas City, Mo., Jan. 5th, 1888.
“In consideration of W. Espy Curtis purchasing from us one-sixteenth interest in Madison Square, an addition to Kansas…

2Cases cited10 opinions

  1. Waterman v. BanksSupreme Court of the United States · 1892
  2. Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
  3. Olmstead v. SmithSupreme Court of Missouri · 1885
  4. Curtis v. SextonSupreme Court of Missouri · 1907
  5. Guss v. NelsonSupreme Court of the United States · 1906

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State ex rel. Curtis v. BroaddusSupreme Court of Missouri · 1911
  2. Curtis v. SextonSupreme Court of Missouri · 1913
  3. Massey v. ButtsMissouri Court of Appeals · 1920
  4. Cornett v. BestMissouri Court of Appeals · 1910
  5. First Securities Co. v. American Hecolite Denture Corp.Oregon Supreme Court · 1936

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