Drury v. Mickelberry
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Eon. G. A. Denton, Judge. Before a vendee can sue to recover money paid on a land contract, lie must put tbe vendor in tbe wrong by tendering full payment. Abbott v. Draper, 4 Denio 51. (1) Even under tbe testimony of tbe appellant wbicb is just tbe opposite of tbe testimony of tbe respondent, there was no waiver of tbe terms of tbe contract in this case. Boulware v. Orobn, 122 Mr. App. 571; Burns v. Freling, 98 Mo.
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Appeal from Bates Circuit Court. — Eon. G. A. Denton, Judge. Before a vendee can sue to recover money paid on a land contract, lie must put tbe vendor in tbe wrong by tendering full payment. Abbott v. Draper, 4 Denio 51. (1) Even under tbe testimony of tbe appellant wbicb is just tbe opposite of tbe testimony of tbe respondent, there was no waiver of tbe terms of tbe contract in this case. Boulware v. Orobn, 122 Mr. App. 571; Burns v. Freling, 98 Mo. App. 267. (2) Where a vendor repudiates bis contract or refuses to do that wbicb is required of him at tbe time specified, the vendee has a…
1Opinion of the CourtEllison, J.
Defendant, by his written contract-dated the 28th of May, 1907, sold to plaintiff a tract, of land in Vernon county, Missouri, for thirteen. thousand five hundred dollars. There was a deed of trust on the land for eight thousand five hundred dollars, which plaintiff was to assume. Defendant was to furnish a complete abstract “brought down to date, showing good merchantable title.” Payments were to be made to defendant as follows: Cash, five hundred dollars ; one thousand dollars September 1, 1907; and the remainder, three thousand five hundred dollars, on-March 1st, 1908. On payment of the…
2Cases cited1 opinion
- Union Safe Deposit Co. v. ChisholmAppellate Court of Illinois · 1889
3Cited by4 opinions
- Kennedy v. DennstadtNorth Dakota Supreme Court · 1915
- Sidebottom v. SidebottomMissouri Court of Appeals · 1923
- Kolosoff v. TurriWashington Supreme Court · 1947
- McClain v. AlexanderSupreme Court of Arkansas · 1962