Kennedy v. Koopmann
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. Zachritz, Judge. (1) The only objection to tbe deed tendered by plaintiff as the complete fulfillment of ber contract was, that ber bus-band was not a party to it. (2) Tbe marriage contract became part of plaintiff’s deed to defendant.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. Zachritz, Judge. (1) The only objection to tbe deed tendered by plaintiff as the complete fulfillment of ber contract was, that ber bus-band was not a party to it. (2) Tbe marriage contract became part of plaintiff’s deed to defendant. Klenke v. Koeltze, 76 Mo. 240. (3) If tbe deed tendered by plaintiff conveyed a sufficient title sbe performed ber contract, notwithstanding .the adverse opinion of tbe examiner, or of defendant’s counsel. Tbe title was marketable. Greene v. Ditsch, 143 Mo. 1. (4) Tbe husband could waive bis statutory rights…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff for the specific performance of a contract for the sale by her to defendant of a lot of ground and appurtenances in the city of St. Louis, which the defendant refused to carry out because *91the deed tendered to him did not, as claimed, pass a good and merchantable title.
In 1885, the plaintiff intermarried with Kobert S. Kennedy, and np to the time of the institution of this suit on August 16, 1898, their relation as husband and wife had never been severed though they were not living together. Prior to their marriage they entered into a marriage contract without…
2Cases cited4 opinions
- Tremmel v. KleiboldtSupreme Court of Missouri · 1881
- Alexander v. WarranceSupreme Court of Missouri · 1852
- Baker v. NallSupreme Court of Missouri · 1875
- Soltan v. SoltanSupreme Court of Missouri · 1887
3Cited by4 opinions
- Schuler Et Ux. v. Humphrey Et Ux.Oregon Supreme Court · 1953
- Myers v. HansbroughSupreme Court of Missouri · 1907
- Arnold v. SmithSupreme Court of Missouri · 1969
- Miller v. ProctorSupreme Court of Missouri · 1932