Cady v. Hartford Fire Insurance

DIXON, Presiding Judge.

Defendant received a general verdict on plaintiff’s two-count petition in a court-tried case. Plaintiff’s counts were for damages and specific performance. Plaintiff appeals, claiming in four separate points that the court erred in entering judgment on the specific performance count of plaintiff’s petition. Judgment is to be affirmed on the authority of Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

The original plaintiff, Elwyn L. Cady, instituted the suit on June 10, 1965. After the original plaintiff died on December 15, 1970, his son and his wife, Elwyn L.…