Cantwell v. Crawley
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Now. James D. Fox, Judge. (1) An indefinite trust agreement affecting two distinct tracts of land, founded upon a consideration dependent upon the entire performance of the contract, is not divisible, but is an entire contract and cannot be enforced in equity in piecemeal. Hill v. Coal Co., 119 Mo. 27; 7 Am. and Eng. Enev. Law (2 Ed.), 95; Merriam v. Norman, 9 Heisk. (Tenn.) 269; 1 Beach on Mod.
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Appeal from St. Francois Circuit Court. — Now. James D. Fox, Judge. (1) An indefinite trust agreement affecting two distinct tracts of land, founded upon a consideration dependent upon the entire performance of the contract, is not divisible, but is an entire contract and cannot be enforced in equity in piecemeal. Hill v. Coal Co., 119 Mo. 27; 7 Am. and Eng. Enev. Law (2 Ed.), 95; Merriam v. Norman, 9 Heisk. (Tenn.) 269; 1 Beach on Mod. Contracts, sec. 731; More v. Bennett, 40 Cal. 251. The reason seems to be that, as the contract is founded upon a consideration dependent upon the entire…
1Opinion of the CourtBurgess, P. J.
This suit was instituted in the circuit court of St. Francois county on the 12th day of December, 1899. The petition is in two counts. The first count is for the purpose of setting aside a conveyance by defendant Crawley to his codefendants as to a two-thirds interest in the land in the petition described, and that the title to said two-thirds interest in said land be divested out of the defendants James II. Shannon, John C: Shannon, C. W. Shannon and I. N. Shannon and vested in the plaintiffs. The second count is for partition of the land in accordance with their respective rights as set…
2Cases cited13 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1881
- Kelly v. HurtSupreme Court of Missouri · 1875
- Gaylord v. City of LafayetteIndiana Supreme Court · 1888
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- Cornwell v. WulffSupreme Court of Missouri · 1899
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3Cited by7 opinions
- Swinney v. Continental Building Co.Supreme Court of Missouri · 1937
- State v. BallardMissouri Court of Appeals · 1956
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
- Joseph S. Baum Mercantile Co. v. LevinMissouri Court of Appeals · 1915
- Knapp v. StraussMissouri Court of Appeals · 1933
2 more not listed; retrieve them via the Exa API.