Legal Opinion

Tebeau v. Ridge

Supreme Court of Missouri

Decided November 17, 1914PublishedCited by 41 opinions

Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) Defendant contends that the petition does not state a cause of'action because as he says, “there is no allegation in it that the appellant was the owner of the land described.” There is no merit in this contention. Sayre v. Devore, 99 Mo. 446; R. S. 1909, sec. 1836; Pomeroy v. Fullerton, 113 Mo. 440. (2) Specific performance of an optional agreement to sell real estate will be enforced by a court of equity.

Read the full summary

Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) Defendant contends that the petition does not state a cause of'action because as he says, “there is no allegation in it that the appellant was the owner of the land described.” There is no merit in this contention. Sayre v. Devore, 99 Mo. 446; R. S. 1909, sec. 1836; Pomeroy v. Fullerton, 113 Mo. 440. (2) Specific performance of an optional agreement to sell real estate will be enforced by a court of equity. Kirkpatrick v. Pease, 202 Mo. 493; Real Estate Co. v. Spelbrink, 211 Mo. 67; Woodbury v. Gardner, 77 Me. 69; Couch v.…

1Opinion of the CourtFaris, J.

Suit from Jackson county, in equity, for specific performance of a contract to convey land. Tebeau (hereafter called plaintiff to distinguish him, since the case is here on cross-appeals) had a decree against Thomas S. Ridge, hereafter called defendant, but upon the refusal of the court nisi to diminish the purchase price by the value of the inchoate dower of Effie S. Ridge, wife of defendant Thomas S. Ridge, hereafter called Mrs. Ridge, said Tebeau appealed.

The status of these appeals, which have been consolidated by stipulation, is, then, that defendant is appealing as against plaintiff,…

2Cases cited29 opinions

  1. Willard v. TayloeSupreme Court of the United States · 1870
  2. Hayes v. O'BrienIllinois Supreme Court · 1894
  3. Bostwick v. . BeachNew York Court of Appeals · 1886
  4. Grove v. City of KansasSupreme Court of Missouri · 1882
  5. Mers v. Franklin InsuranceSupreme Court of Missouri · 1878

24 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Trotter v. LewisCourt of Appeals of Maryland · 1946
  2. Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
  3. Ford v. Wabash Railway Co.Supreme Court of Missouri · 1927
  4. Rundel v. GordonSupreme Court of Florida · 1927
  5. Simpson v. WellsSupreme Court of Missouri · 1922

36 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API