Chiles v. Wallace

Citations

• 83 Mo. 84

Syllabus

<p>1. Deed of Trust: agreement: license. An agreement between the holder of a first deed of trust and purchasers at a sale under a junior deed of trust that, in consideration of the latter paying the interest on the mortgage debt, the former will forbear enforcing his lien and will permit the purchasers to remove trees from a nursery on the mortgaged premises and also to replant trees therein, is a valid contract and binding or. the parties.</p> <p>2. Forbearance: reasonable time. The contract is not void because no definite period of time is contained in the contract limiting the period of forbearance. The law will imply a reasonable time, if not a total forbearance, according to the circumstances and subject matter of the contract. ■ ' .</p> <p>3. Practice: instructions. It is not proper to blend the question of the sufficiency of the answer with an instruction on the facts of the case.</p> <p>4. License; revocation, when not permitted. A license cannot be revoked by the licensor to the injury of the grantee and in face of a contract and assurance by the former to the contrary.</p> <p>5. Practice: voluntary non-suit. A parly is not forced to a non-suit by an instruction merely affecting the measure of his damages. So long as the rulings of the court leave him a substantial cause of action, his withdrawal from the court is his own act and deprives him of the right of appeal.</p>