Missouri Real Estate Syndicate v. Sims

Decision Date10 February 1904
Citation78 S.W. 1006,179 Mo. 679
PartiesMISSOURI REAL ESTATE SYNDICATE v. SIMS.
CourtMissouri Supreme Court

Appeal from Circuit Court, Greene County; Jas. T. Neville, Judge.

Action by the Missouri Real Estate Syndicate against J. M. Sims. From a judgment for defendant, plaintiff appeals. Reversed.

Heffernan & Heffernan and Gideon & Gideon, for appellant. Benj. U. Massey, for respondent.

VALLIANT, J.

This is an appeal from the judgment of the circuit court on sustaining a demurrer to the plaintiff's petition, the plaintiff declining to plead further. The cause stated in the petition is an action at law for damages for the breach of a contract to extend a mortgage note. The substantial averments in the petition are to the effect as follows: On December 12, 1894, one Geo. P. Miller, being then the owner of certain real estate in the city of Springfield, executed his note for $4,000, due in two years, bearing 8 per cent. interest from date, payable to one George Lawrence, and a deed conveying the real estate to one James Bray, as trustee, to secure the note. That afterwards Miller conveyed the property to one Kerr, subject to the deed of trust, and Kerr conveyed it in like condition to a corporation called the Springfield Milling Company. That in 1895 the holder of the $4,000 note sold it to the defendant, Sims. That while the defendant was the owner of the note, and the Springfield Milling Company the owner of the property subject to the deed of trust, the latter made a contract with the former to extend the note for a period of five years from the date of its face maturity (that is, from December 12, 1896, to December 12, 1901); the consideration for the extension being $100, which the milling company then and thereupon paid the defendant. That afterwards the milling company sold the property to one Coombs, who assumed the payment of the note, and Coombs sold it to other parties, who also assumed the payment of the note, and they on February 16, 1899, sold it to the plaintiff for $6,000, subject to the deed of trust. That plaintiff bought with knowledge of the contract for the extension, and with the knowledge and consent of the defendant, and, after so purchasing, the plaintiff, with the knowledge, consent, and approval of the defendant, put extensive and valuable improvements specified on the property, and made a lease for a term of 10 years of the third floor of the building, with like knowledge and consent of the defendant; he in fact signing the lease, and agreeing that his deed of trust "should be subject to the terms and conditions of said lease." That afterwards, although the plaintiff had fully complied with all the other terms of the deed of trust, the defendant, in violation of his agreement to extend the note, did in July, 1900, instigate the trustee to sell the property under the terms of the deed of trust, and at the sale the defendant became the...

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48 cases
  • Hansen v. Duvall
    • United States
    • Missouri Supreme Court
    • 24 Junio 1933
    ... ... W. F. Duvall et al No. 30108 Supreme Court of Missouri" June 24, 1933 ... [62 S.W.2d 733] ...        \xC2" ... Assn. v. Robinson, 14 S.W. 227; ... Mo. R. E. Syndicate v. Sims, 179 Mo. 679; Webb on ... Usury, sec. 461; ... affects the title to real estate. Such cancellation is the ... destruction of a ... ...
  • Hansen v. Duvall
    • United States
    • Missouri Supreme Court
    • 24 Junio 1933
    ... ... No. 30108 ... Supreme Court of Missouri, Division One ... June 24, 1933 ... [62 S.W.2d 733] ... & L. Assn. v. Robinson, 14 S.W. 227; Mo. R.E. Syndicate v. Sims, 179 Mo. 679; Webb on Usury, sec. 461; Hansen v ... a recorded deed is an act which affects the title to real estate. Such cancellation is the destruction of a muniment ... ...
  • Johnson v. Grayson
    • United States
    • Missouri Supreme Court
    • 19 Julio 1910
    ... ... LUCY H. GRAYSON Supreme Court of Missouri, Second Division July 19, 1910 ...           ... payment of the purchase price of real estate, and properly ... delivered and applied to the ... Real Est. Synd. v ... Sims, 179 Mo. 679, 78 S.W. 1006, and in Coleman v ... Cole, ... ...
  • Davis v. Tandy
    • United States
    • Kansas Court of Appeals
    • 30 Mayo 1904
    ...defendant here. That case applies to this one, and that being true, it is our duty to follow it. Since the Supreme Court, in Missouri Syndicate v. Sims, supra, did not refer to case, we do not feel at liberty to say that it was overruled. Plaintiffs next urge that defendant did not affirmat......
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