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205 Mo. App. 93

218 S.W 940

Collins v. Hoover

Missouri Court of Appeals

Decided February 28, 1920

Missouri Court of Appeals · decided 1920-02-28

— Hon. Sterling H. McCarty, Judge. (1) The plaintiff never at any time produced a purchaser ready, willing, and able to buy the land upon the terms and conditions authorized by the defendant, as above pointed out, and the trial court should therefore have instructed the jury to return a verdict for the defendant. Harwood v. Triplett, 34 Mo. App. 273; Young v. Ruhwedel, 119 Mo. App. 281; McCormick v. Obanion, 168 Mo. 614; Grelatt v. Ridge, 117 Mo. 553.

Cited by 2 later decisions — most recently May 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1920-02-28

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STURGIS, P. J.

¶1 I concur in the result for the reason that plaintiffs failed to prove that,the proposed purchaser was ready, able and willing to buy the land, subject to the mortgage thereon, at an immediate cash sale, his only proposition being to put up earnest money to be forfeted in case the sale was not fully consummated at a late# date.

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