Keator v. Helfenstein Park Realty Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — No». Jno. W. McElhinney, Judge. (1) Errors on the face of the record will be reviewed though there is no bill of exceptions. Tower v. Moore, 52 Mo. 118; State v. Griffith, 63 Mo. 545; Ryan v. Growney, 125 Mo. 474. The question whether the petition states a cause of action may be raised the first time on appeal and need not be saved by a bill of exceptions. Sheehan v. Simms, 28 Mo.
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Appeal from St. Louis County Circuit Court. — No». Jno. W. McElhinney, Judge. (1) Errors on the face of the record will be reviewed though there is no bill of exceptions. Tower v. Moore, 52 Mo. 118; State v. Griffith, 63 Mo. 545; Ryan v. Growney, 125 Mo. 474. The question whether the petition states a cause of action may be raised the first time on appeal and need not be saved by a bill of exceptions. Sheehan v. Simms, 28 Mo. App. 64. (2) Equity requires, as preliminary to specifically enforcing an agreement, that its terms shall be certain. Butler v. Murphy, 106 Mo. App. 287; Story’s Eq.…
1Opinion of the CourtValliant, J.
This is a suit for the specific performance of a contract for the sale of land. Defendant filed a demurrer to the petition, which was overruled, and then filed its answer, a general denial. The cause came on for trial, which resulted in a judgment for the defendant, dismissing the plaintiff’s petition. Plaintiff filed a motion for new trial, which the court sustained, and from the order sustaining the motion for a new trial the defendant has appealed.
There is no hill of exceptions in the record and we therefore do not know what the evidence was or what were the proceedings at the trial. But…
2Cases cited6 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Phillips v. EvansSupreme Court of Missouri · 1876
- Black & Snyder v. Crowther & AndrianoMissouri Court of Appeals · 1898
- Pomeroy v. FullertonSupreme Court of Missouri · 1893
- Bowling v. McFarlandSupreme Court of Missouri · 1866
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3Cited by10 opinions
- Wykle v. ColomboSupreme Court of Missouri · 1970
- Herzog v. RossSupreme Court of Missouri · 1946
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
- Highland Investment Co. v. Kansas City Computing Scales Co.Supreme Court of Missouri · 1919
- Ranck v. WickwireSupreme Court of Missouri · 1914
5 more not listed; retrieve them via the Exa API.