Despain v. Carter
Supreme Court of Missouri
Error to Buchanan Circuit Court. Petition by Sarah Despain against the administrator of Lewis Despain and John Carter for the specific performance of a contract for the sale of a piece of land. Robert W. Donnell and Hugh D. Louthen, purchasers from Carter, with notice pending suit, were afterwards made co-defendants. The facts are sufficiently developed in the opinion of the court.
1Opinion of the CourtRyland, Judge
This is a suit for the specific performance of a parol sale of land, upon the ground of possession taken, lasting improvements made, and part payment of the consideration money.
The plaintiff below obtained a decree for the specific execu*332tion of the contract, and the defendants bring the case here by writ of error.
The principle objection made by the plaintiff in error to the decree of the court below, is upon the face of the plaintiff’s petition, that it does not set forth any specific and definite contract for the sale of any land by the defendant, Carter, to the plaintiff, Sarah Despain ;…
2Cited by4 opinions
- Wilmans v. RobinsonSupreme Court of Arkansas · 1900
- Anderson v. ShockleySupreme Court of Missouri · 1884
- Potter v. StevensSupreme Court of Missouri · 1867
- Shaw v. NicholaySupreme Court of Missouri · 1860