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83 Mo. 343

Miller v. Noonan

Supreme Court of Missouri

Decided October 15, 1884

Supreme Court of Missouri · decided 1884-10-15

Louis Court of Appeals. (1) Creamer’s agreement to “.sell to any purchaser and at any price plaintiff might direct,” is an agreement to sell to plaintiff, if he so direct. (2) It being an agreement to sell, it ran with the land, and Noonan purchasing with full knowledge of that agreement, cannot thus defraud Miller, but stands in Creamer’s shoes, and must carry out his agreement. Story’s Eg. Jur. (11th Ed.) secs. 395, 396 ; Pomeroy’s Eg. Jur., sec. 1404.

Cited by 1 later decisions — most recently June 2006

1 state decisions

Relies on Miller v. Noonan

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1884-10-15

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Martin, C.

¶1This is a suit- in equity for enjoining a sale under a deed of trust, for declaring a satisfaction of said deed, and decreeing specific performance of a contract relating to the sale of the land contained in the deed.

¶2The defendants demurred to the complaint, and, the plaintiff refusing to plead further, final judgment was entered for defendants, dismissing the bill, from which plaintiff appealed to the St. Louis court of appeals, in which the judgment was affirmed. From this judgment of affirmance the plaintiff brings the case here on appeal. I have examined the record and considered the points urged for a reversal of the judgment rendered in the circuit and appeals courts, and am of the opinion that the demurrer was properly sustained. Accordingly, for the reasons given in the opinion of the court of appeals, 12 Mo. App. 370, the judgment is affirmed.

All concur, except Hough, C. J., absent.
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