Tureman v. Stephens

Citations

• 83 Mo. 218

Syllabus

<p>Contract: .acceptance: repudiation. A party cannot accept and make his own the benefits of a contract, and then by his own act repudiate its obligations as to himself.</p> <p>F. exchanged realty in Colorado with S. for realty in Missouri, and it was agreed by F. that if S. should be dispossessed of the Colorado property by due course of law because of failure of title thereto, F. should pay him $500, und S. agreed to pay to F. the excess for which said Colorado property might at any time be sold by S. over $1500 and up to $2000 within thirty days after such sale. Held that S. was compelled to sell whenever he should receive a bona fide offer of over $1500 and pay to F. the excess over that sum'up to $2000 ; or he might refuse to sell, provided, he paid the excess the same as if a sale had been made.</p>