Howard v. Hurst
Missouri Court of Appeals
Appeal from Vernon Circuit Court.—Eon. B. G. Thurman, Judge. (1) In an exchange of lands when the value is-agreed upon by the parties, the value thus fixed becomes, the measure of' damages in an, action on the covenant, of warranty. Cook v. Curtis, 68 Mich. 611; 8 Am. and Eng.
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Appeal from Vernon Circuit Court.—Eon. B. G. Thurman, Judge. (1) In an exchange of lands when the value is-agreed upon by the parties, the value thus fixed becomes, the measure of' damages in an, action on the covenant, of warranty. Cook v. Curtis, 68 Mich. 611; 8 Am. and Eng. Eficy. of Law (2 Ed.), p. 189. (2) ' Evidence that the land received in consideration for a conveyance with warranty, is in fact worth less than the value put upon it by the parties in the trade, is incompetent in an action for breach of covenant of warranty. Cook v. Curtis,. 68 Mich. 611. (3) The recital of the…
1Opinion of the CourtBroaddus, P. J.
This suit originated in the probate court of Vernon county, Missouri. On appeal to the circuit court where it was tried anew the plaintiff recovered nominal damages in the sum of one dollar, from which judgment he appealed.
*208In the year 1900, Henry Zweigart, the deceased, claimed to he the owner of six hundred and sixty acres of land in Yernon county, Missouri. This land the deceased exchanged with plaintiff for four sections of land in the state of Texas, and about thirteen hundred dollars in cash. The recited valuation in the deed of deceased to plaintiff was $26,934. It is admitted, however,…
2Cases cited8 opinions
- May v. CrawfordSupreme Court of Missouri · 1899
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Evans v. FultonSupreme Court of Missouri · 1896
- Furber v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1904
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3Cited by12 opinions
- Hartz v. Hartford Faience Co.Supreme Court of Connecticut · 1916
- Fidelity & Deposit Co. of Md. v. AbagnaleNew Jersey Superior Court Appellate Division · 1967
- Westfield Investment Co. v. FellersNew Jersey Superior Court Appellate Division · 1962
- In Re Presentment to Superior CourtNew Jersey Superior Court Appellate Division · 1951
- Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
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