contingency clause (Missouri) · Go Syfert
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contingency clause in Missouri

6 Missouri opinions name it 2 courts 1931–2013 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Goldberg v. Charlie's Chevrolet, Inc.green
moctapp · 1984 · cited in 2 Missouri opinions naming this issue, 1991–2002
2 sentences

2002Louis Enterprises v. Powell, 807 S.W.2d 129, 130 (Mo.App.1991) (quoting Goldberg v. Charlie’s Chevrolet Inc., 672 S.W.2d 177, 178 (Mo.App.1984)); see also Hoelscher v. Schenewerk, 804 S.W.2d 828, 830 (Mo.App.1991).

1991The general rule is that a real estate sales contract with a contingency clause, such as that between the parties herein, contains “an implied obligation to use reasonable efforts in pursuing the financing set forth in the contract.” Goldberg v. Charlie’s Chevrolet, Inc., 672 S.W.2d 177, 178 (Mo.App.E.D.1990).

22
Hoelscher v. Schenewerkgreen
moctapp · 1991 · cited in 1 Missouri opinions naming this issue, 2002–2002
1 sentence

2002Louis Enterprises v. Powell, 807 S.W.2d 129, 130 (Mo.App.1991) (quoting Goldberg v. Charlie’s Chevrolet Inc., 672 S.W.2d 177, 178 (Mo.App.1984)); see also Hoelscher v. Schenewerk, 804 S.W.2d 828, 830 (Mo.App.1991).

11
Grand & St. Louis Enterprises v. Powellgreen
moctapp · 1991 · cited in 1 Missouri opinions naming this issue, 2002–2002
1 sentence

2002Louis Enterprises v. Powell, 807 S.W.2d 129, 130 (Mo.App.1991) (quoting Goldberg v. Charlie’s Chevrolet Inc., 672 S.W.2d 177, 178 (Mo.App.1984)); see also Hoelscher v. Schenewerk, 804 S.W.2d 828, 830 (Mo.App.1991).

11
Berger v. McBride & Son Builders, Inc.green
moctapp · 1969 · cited in 1 Missouri opinions naming this issue, 1981–1981
1 sentence

1981Berger v. McBride & Sons Builders, 447 S.W.2d 18, 21 (Mo.App.1969).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Hammerschmidt v. Boone County green
mo · 1994
1 sentence

2013Hammerschmidt, 877 S.W.2d at 102 .

12013–2013
Howard v. Youngman green
moctapp · 2002
2 sentences

2008Id. “[I]n a real estate contract containing a contingency clause, upon the nonoccurrence of the condition (i.e., the buyers obtaining financing), the buyer is ipso facto excused from performance.” Id.

2008Id. “[I]n a real estate contract containing a contingency clause, upon the nonoccurrence of the condition (i.e., the buyers obtaining financing), the buyer is ipso facto excused from performance.” Id.

12008–2008
Koontz v. Lee green
moctapp · 1987
1 sentence

2002Koontz, 737 S.W.2d at 768 .

12002–2002
Evans v. General Explosives Co. green
mo · 1922
2 sentences

1931We held in Farm Mortgage & Loan Co., 271 S. W. 873 , that a so-called statement of facts, intermingled with parts of pleading and evidence, interspersed with argument, violates our rule 16, and that a statement of fact requiring a resort to the record for an understanding of the case, violates our rule 16, which was enacted pursuant to section 1611, Revised Statutes 1919, and requires a dismissal of the appeal.” The Supreme Court invokes a similar rule in Evans v. General Explosives Co., 293 Mo. 364, 373 , 239 S. W. 487 ; and in Kirby v. Balke, 306 Mo. 109 , 266 S. W. 704, 707 .

1931We held in Farm Mortgage & Loan Co., 271 S. W. 873 , that a so-called statement of facts, intermingled with parts of pleading and evidence, interspersed with argument, violates our rule 16, and that a statement of fact requiring a resort to the record for an understanding of the case, violates our rule 16, which was enacted pursuant to section 1611, Revised Statutes 1919, and requires a dismissal of the appeal.” The Supreme Court invokes a similar rule in Evans v. General Explosives Co., 293 Mo. 364, 373 , 239 S. W. 487 ; and in Kirby v. Balke, 306 Mo. 109 , 266 S. W. 704, 707 .

11931–1931
Kirby v. Balke green
mo · 1924
2 sentences

1931We held in Farm Mortgage & Loan Co., 271 S. W. 873 , that a so-called statement of facts, intermingled with parts of pleading and evidence, interspersed with argument, violates our rule 16, and that a statement of fact requiring a resort to the record for an understanding of the case, violates our rule 16, which was enacted pursuant to section 1611, Revised Statutes 1919, and requires a dismissal of the appeal.” The Supreme Court invokes a similar rule in Evans v. General Explosives Co., 293 Mo. 364, 373 , 239 S. W. 487 ; and in Kirby v. Balke, 306 Mo. 109 , 266 S. W. 704, 707 .

1931We held in Farm Mortgage & Loan Co., 271 S. W. 873 , that a so-called statement of facts, intermingled with parts of pleading and evidence, interspersed with argument, violates our rule 16, and that a statement of fact requiring a resort to the record for an understanding of the case, violates our rule 16, which was enacted pursuant to section 1611, Revised Statutes 1919, and requires a dismissal of the appeal.” The Supreme Court invokes a similar rule in Evans v. General Explosives Co., 293 Mo. 364, 373 , 239 S. W. 487 ; and in Kirby v. Balke, 306 Mo. 109 , 266 S. W. 704, 707 .

11931–1931

Where else courts name it

NY 14 (1924–2026) IL 9 (1982–2015) CT 8 (1991–2022) CA 7 (1989–2025) NJ 7 (1955–2008) MO 6 (1931–2013) MA 4 (1927–2000) TX 3 (1998–2015) PA 3 (1961–2017) NV 2 (1968–2018) FL 2 (1990–2004) SC 2 (1986–2010) MN 2 (1986–2006) GA 2 (1978–1984)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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