Hodson v. McAnerney

• Decision Date: 02 February 1917
• Docket Number: No. 18138.,18138.
• Parties: HODSON et al. v. McANERNEY et al.
• Court: Missouri Supreme Court

192 S.W. 423

HODSON et al. v. McANERNEY et al.

No. 18138.

Supreme Court of Missouri, Division No. 2.

February 2, 1917.

Appeal from Circuit Court, Buchanan County; Wm. D. Rusk, Judge.

Action by William S. Hodson and another against John J. McAnerney and another. From a judgment for defendants, plaintiffs appeal. Affirmed.

This is a suit to compel the specific performance of a contract to exchange real estate. There was a judgment for the defendants, and the plaintiffs have appealed.

On August 18, 1911, defendant McAnerney owned 130 acres of land in Kansas, incumbered with $1,000. The plaintiff William S. Hodson owned lots 13 and 14 in block 4 in Hyde Valley addition to the city of St. Joseph, incumbered with $7,170. On that day those parties contracted in writing to convey each to the other the real estate so owned by each respectively. By that contract each assumed the incumbrance on the property acquired by him, and each agreed thereby to furnish an abstract showing the title clear of incumbrances, except as above stated, and Hodson agreed to execute and deliver to McAnerney a deed of trust on certain other described Kansas land to secure a note to be executed by him to McAnerney for $1,455.

The petition alleges the execution and the terms of that contract, and also the performance of its terms by the plaintiff. It also alleges that, by agreement of the parties, the defendant McAnerney executed a deed of conveyance of the Kansas land so owned by him, and placed it in escrow in the hands of the defendant L. C. Arnold to be delivered to said Hodson upon the compliance by Hodson with the terms of the contract. The petition also alleges that Hodson tendered to McAnerney his note for $1,455 and the deed of trust to secure it as called for by the contract, and that Hodson had placed such note and deed of trust, also the abstract of title to said lots as called for by said contract and a deed of conveyance from himself to McAnerney for the said lots in the hands of defendant L. C. Arnold to be delivered to McAnerney. That petition prayed that the defendants be compelled to deliver to said Hodson the deed for said Kansas land from McAnerney to Hodson so held in escrow by the defendant Arnold, and for other relief not necessary to mention here.

The answer contains a general denial of all matters not specifically admitted to be true. It admits the execution of the alleged contract, and that McAnerney executed and placed in escrow a deed for the Kansas land to Hodson as alleged in the petition. It also alleges that McAnerney was induced to enter into such contract by the fraud of Hodson and one Poynter, his agent; that McAnerney was ignorant of the value of said lots, and employed said Poynter to represent him in the deal; that Hodson, without the knowledge of McAnerney, employed Poynter as his agent in the matter, and that they both represented said lots as worth $18,000, when in fact they were not worth over $6,000; that McAnerney stated to both Hodson and Poynter that he did not know the value of real estate in St. Joseph. The answer states that McAnerney relied on such statements as to value made by plaintiff and Poynter. It also alleges that since the making of said contract between Hodson...