Davis v. Barada-Ghio Real Estate Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Moses N. Sale, Judge. The appellant was not obliged to pay or tender before his vendor was in a position to convey a good title. Pursley v. Good, 94 Mo. App. 382, 68 S. W. 218; Devore y. Devore, 138 Mb. 187, 39 S. W. 68; McLeod v. Snyder, 110 Mo. 302, 19 S. W. 494; Thompson v. Dickerson, 68 Mo. App. 541; Washington v. Ogden, 1 Black (U. S.) 450; Thompson v. Craig, 64 Mo. 317; Swan v. Drury, 22 Pick.
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Appeal from St. Louis City Circuit Court. — Son. Moses N. Sale, Judge. The appellant was not obliged to pay or tender before his vendor was in a position to convey a good title. Pursley v. Good, 94 Mo. App. 382, 68 S. W. 218; Devore y. Devore, 138 Mb. 187, 39 S. W. 68; McLeod v. Snyder, 110 Mo. 302, 19 S. W. 494; Thompson v. Dickerson, 68 Mo. App. 541; Washington v. Ogden, 1 Black (U. S.) 450; Thompson v. Craig, 64 Mo. 317; Swan v. Drury, 22 Pick. (Mass.) 485; Critchett v. Cooper, 65 N. H. 167; Webster v. Trust Co., 145 N. Y. 275. Instruction No. 1 given by the court of its own motion was…
1Opinion of the CourtGoode, J.
(after stating the facts). — The conflict in the testimony hearing on certain issues is admitted. by counsel for plaintiff; but the position taken is that, notwithstanding this conflict, the verdict was manifestly for the right party, inasmuch as the plaintiff was entitled to a direction for a verdict in his favor. In support of this position it is argued that all the facts essential to plaintiff’s right to recover were admitted. The essential facts are said to be: The execution of the contract, the two payments by plaintiff on the purchase price, the existence of incumbrances on the property…
2Cases cited7 opinions
- Smoot v. ReaCourt of Appeals of Maryland · 1863
- Smith v. LewisSupreme Court of Connecticut · 1857
- Smith v. LewisSupreme Court of Connecticut · 1856
- Webster v. Kings County Trust Co.New York Court of Appeals · 1895
- Leaird v. . SmithNew York Court of Appeals · 1871
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3Cited by12 opinions
- Tucker v. ThravesSupreme Court of Oklahoma · 1915
- Norris v. LetchworthMissouri Court of Appeals · 1912
- Hellrung v. HoechstSupreme Court of Missouri · 1964
- Montgomery v. WiseMissouri Court of Appeals · 1909
- Barger v. HealySupreme Court of Missouri · 1918
7 more not listed; retrieve them via the Exa API.