Comstock v. Lager
Missouri Court of Appeals
Appeal from the Nodaway Circuit Court. — Hon. O. A. Anthony, Judge. (1) Was the tender which appellant made to respondent, prior to commencing this suit, properly made? It is scarcely necessary to remark that at the trial of a cause, one will not be permitted to object to the legality of a prior tender, for reasons other than those given at the time the tender was made, especially if the reason not given is a trivial one, and one which could have been easily satisfied at the…
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Appeal from the Nodaway Circuit Court. — Hon. O. A. Anthony, Judge. (1) Was the tender which appellant made to respondent, prior to commencing this suit, properly made? It is scarcely necessary to remark that at the trial of a cause, one will not be permitted to object to the legality of a prior tender, for reasons other than those given at the time the tender was made, especially if the reason not given is a trivial one, and one which could have been easily satisfied at the time. 25 Am. and Eng. Ency. of Law, p. 916, rec. q.; Adams v. Helm, 55 Mo. 468; Thayer v. Meeker, 86 111. 471; Mc-Manus…
1Opinion of the CourtSmith, P. J.
This is a suit to redeem from the operation of a certain deed of trust ten acres of a tract of land containing two hundred and nineteen acres.
Statement. The case is about like this: One Good purchased of defendant said tract of land, and to secure the deferred payments of the purchase money, the former executed a deed of trust. Good conveyed the said tract to plaintiff subject to the deed of trust which contained a clause to the effect that “the said Joseph Lager (defendant) agrees that if at any time the said Good, or his heirs, executors or assigns, desires any portion of the land herein…
2Cases cited8 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Clark v. WeisIllinois Supreme Court · 1877
- Mankel v. BelscamperWisconsin Supreme Court · 1893
- Henderson v. Cass CountySupreme Court of Missouri · 1891
- McManus v. GregoryMissouri Court of Appeals · 1885
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3Cited by6 opinions
- Shull v. LawrenceIdaho Supreme Court · 1919
- Neely v. WilliamsCourt of Appeals for the Eighth Circuit · 1906
- Blenner v. Vim Motor Truck Co.Supreme Court of Virginia · 1923
- Binford v. SteeleSupreme Court of North Carolina · 1913
- Binford v. . SteeleSupreme Court of North Carolina · 1913
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