(DOWNLOAD) "Donald Slate and Adelia Slate v. Boone" by Supreme Court of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Donald Slate and Adelia Slate v. Boone
- Author : Supreme Court of Missouri
- Release Date : January 14, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is a suit for damages in the amount of $16,200 brought by the buyers of land against an abstract company. The buyers,
Donald and Adelia Slate, allege in their petition that they were damaged as a result of the Boone County Abstract Company's
negligent failure to include a utility easement in an abstract of title for a tract of land prepared and certified by the
abstracter and delivered by it to the buyers at the request of the sellers of the land. Defendant abstracter contended in
a motion to dismiss plaintiffs' petition that the contract to prepare and certify the abstract was between it and the seller
of the land, and because there was no privity of contract between it and the buyers, it is not liable to them. This motion
was sustained by the Circuit Court and the buyers appealed to this Court. Appellants ask the Court to abrogate the requirement of privity in suits on contracts such as these. Their argument is that
the rule requiring privity before one can sue on a contract is based upon a necessity of protecting a promisor from unlimited
liability to an unlimited number of people, and also from obligations and liabilities to others which the parties would not
voluntarily assume. But when the end and aim of the contract between promisee and promisor was the performance of a service
for the benefit of a known third party the rule has been abrogated. See Discussion in Westerhold v. Carroll, Mo., 419 S.W.2d
73.
 "Donald Slate and Adelia Slate v. Boone" by Supreme Court of Missouri # eBook PDF Kindle ePub Free){kind=link}