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Kelly v. Thuey

45 S.W. 300, 143 Mo. 422, 1898 Mo. LEXIS 237
CourtSupreme Court of Missouri
DecidedMarch 29, 1898
StatusPublished
Cited by65 cases

This text of 45 S.W. 300 (Kelly v. Thuey) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. Thuey, 45 S.W. 300, 143 Mo. 422, 1898 Mo. LEXIS 237 (Mo. 1898).

Opinion

Sherwood, J.

This cause has been here before, 102 Mo. 522; it is an equitable proceeding for specific performance, and the record has been handed me by the present chief justice in order that I may prepare an opinion. The suit is grounded on the following contract:

“Kansas City, Mo., Dec. 16, 1885.
“Received of D. T. Kelly, fifty dollars, being in part payment of the purchase price of fifty-two feet by fifty off the west end of lot No. 7, block 12, of Vineyard’s Addition to the City of Kansas, Jackson county, Mo. I agree to make and deliver a good and sufficient warranty deed conveying said premises to said Kelly free of all incumbrances without delay and as soon as the abstract of title thereto shall have been examined and approved, at which time said Kelly shall pay to me the sum of nine hundred and fifty dollars in cash, and the balance of the purchase price, six hundred and sixty-four dollars he shall pay in three equal annual installments, with 8 per cent, interest, to be secured by deed of trust executed on said property. If I shall fail to convey good title to said Kelly as aforesaid, then said fifty dollars shall be refunded to him.
“Richard'+ Tooey,
“Bridget + Tooey,
“D. T. Kelly.
“Witness: Katie Tooey.”

The first agreement between the parties was also interlined. The original of the first agreement could not be found by defendants at the trial of this case. [430]*430It was offered from the record in the first case of Kelly v. Thuey, and, as it there appeared, is as follows:

“Kansas City, December 16, 1885.
“Received of D. T. Kelly fifty dollars as part purchase money for fifty-two feet of the west end of his lot situated on Troost Avenue and Eighteenth street, the balance of the money to be paid as follows: One six hundred dollars' thousand dollars cash on delivery of deed and abstract, balance to be paid in equal parts in one, two and three years in equal annual payments at 8 per cent per annum. It is understood that for the two feet, party of the first part shall pay same in the same proportion.
“Bridget + Tooey,
“Richard + Tooey.
“Witness: D. T. Kelly,
“Katie Tooey.
“The balance of purchase money to be secured by bond and mortgage on said property. Party of the second part shall pay all taxes after the year 1885 and for party of the first part to pay balance.
“D. T. Kelly,
“ Witness.’ ’

The facsimile of the litigated contract accompanies this opinion and is here inserted.

[431]*431

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Bluebook (online)
45 S.W. 300, 143 Mo. 422, 1898 Mo. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-thuey-mo-1898.