O'Neill v. Webb
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — How. J. D. Perkins, Judge. (1) Where a plaintiff seeks his remedy by action for specific performance he must show a greater degree of certainty in the contract than where he seeks his remedy by action at law. Wendover v. Baker, 121 Mo. 290; 3 Pom. Eq.
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Appeal from the Jasper Circuit Court. — How. J. D. Perkins, Judge. (1) Where a plaintiff seeks his remedy by action for specific performance he must show a greater degree of certainty in the contract than where he seeks his remedy by action at law. Wendover v. Baker, 121 Mo. 290; 3 Pom. Eq. Jur. [2 Ed.], sec. 1405; Foster v. Emmons, 54 Mo. 488, 494; Taylor v. Yon Schraeder, 107 Mo. 224; Louthan v. Stillwell, 73 Mo. 492. (2) Whether the stipulation sought to be enforced is dependent or independent is immaterial as in this form of action the plaintiff must abide by it in its entirety. Baldwin…
1Opinion of the CourtEllison, J.
This action is based on a bill in equity to compel defendant to transfer to plaintiff three shares of' stock in the Webb City Ice & Storage Company. The trial court gave plaintiff a decree and defendant appeals.
Statement. It appears that plaintiff commenced the erection of an ice plant in Webb City, Missouri, and had given his notes for $18,000 for machinery to be placed therein. That then the defendant became enlisted in the enterprise and the two entered into a contract, set out in another place,. which, as we understand it, is substantially as follows: reciting that they had organized a…
2Cases cited5 opinions
- Jones v. WilliamsSupreme Court of Missouri · 1897
- Turner v. MellierSupreme Court of Missouri · 1875
- Larimore v. TylerSupreme Court of Missouri · 1886
- Freeland v. MitchellSupreme Court of Missouri · 1844
- Sawyer v. ChristianMissouri Court of Appeals · 1890
3Cited by6 opinions
- Crow v. CrowMissouri Court of Appeals · 1907
- Derry v. FielderSupreme Court of Missouri · 1909
- St. Louis Union Trust Co. v. Van RaalteMissouri Court of Appeals · 1924
- Whiting v. Enterprise Land & Sheep Co.Supreme Court of Missouri · 1915
- Watson Fireproof Window Co. v. Henry Weiss Cornice Co.Missouri Court of Appeals · 1914
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