Arnot v. Alexander
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Equity will not give certainty and definiteness to a contract wbicb, as in the case at bar, the parties have left utterly uncertain and indefinite. It is only where the terms of a covenant to renew are express and unequivocal that specific performance will be enforced. (Taylor on Land, and Ten. §§ 832, 333 ; Fry on Spec. Perf. § 203; Robinson v. Kittelas, 4 Edw. Oh.; Whitlock v. Dufiield, 1 Hoff. Ch. 110 ; Hammer v. Eldowney, 46 Penn.
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Appeal from St. Louis Circuit Court. Equity will not give certainty and definiteness to a contract wbicb, as in the case at bar, the parties have left utterly uncertain and indefinite. It is only where the terms of a covenant to renew are express and unequivocal that specific performance will be enforced. (Taylor on Land, and Ten. §§ 832, 333 ; Fry on Spec. Perf. § 203; Robinson v. Kittelas, 4 Edw. Oh.; Whitlock v. Dufiield, 1 Hoff. Ch. 110 ; Hammer v. Eldowney, 46 Penn. St. 334.) The phrase “as much as any responsible parties will agree to give” does not mean merely “the highest market…
1Opinion of the CourtCurrier, Judge
This is a petition in the nature of a bill in equity, praying for the specific execution, on the part of the defendant, of his covenant to renew a lease. The covenant is in these words : “If this lease shall not be terminated by forfeiture or any other cause before the expiration of the five years, then said lessee or his ‘legal assigns shall be entitled to a renewal of the same for five years longer; provided said parties can agree upon terms, or that said lessee is willing to give as much as any other responsible party will agree to give.”
The conditions upon which this covenant for renewal…
2Cases cited3 opinions
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Blackmore v. BoardmanSupreme Court of Missouri · 1859
- Finney v. CistSupreme Court of Missouri · 1863
3Cited by26 opinions
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- Edwards v. TobinOregon Supreme Court · 1929
- Coles v. PeckIndiana Supreme Court · 1884
- Young v. NelsonWashington Supreme Court · 1922
- Needles v. Kansas CitySupreme Court of Missouri · 1963
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