Davis v. Petty
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — IIon. J. O. Lamson, Judge. (1) The contract upon its face narrates the relations and the purposes of the parties, and discloses its own special reasons why the plaintiffs are entitled to specific performance, upon tlieir having invested their money and tlieir exertions in the enterprise in which they united with the defendant.
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Appeal from Lawrence Circuit Court. — IIon. J. O. Lamson, Judge. (1) The contract upon its face narrates the relations and the purposes of the parties, and discloses its own special reasons why the plaintiffs are entitled to specific performance, upon tlieir having invested their money and tlieir exertions in the enterprise in which they united with the defendant. The contract was more than an ordinary agreement to sell land by the defendant; he was selling at an advanced price the first parcel, and, at the same time, drawing to himself men and means with the express purpose of enhancing his…
1Opinion of the CourtWilliams, J.
— This is a suit for specific performance. The agreement, which forms the basis of the action is contained in the following paper:
“This agreement, made and entered into this August 4, 1888, by and between William I. Petty, John D. Porter, Jackson B. Davis, William E. Wright and Henry Brumback, witnesseth:
“Whereas, said Petty is now the owner in fee of the following described real estate, situate in Lawrence county, Missouri, viz., the southwest quarter of the southwest quarter of section twenty-five in Township twenty-eight of range twenty-eight containing forty acres, more or less, and all…
2Cases cited5 opinions
- Mastin v. GrimesSupreme Court of Missouri · 1885
- Green v. CovillaudCalifornia Supreme Court · 1858
- Estes v. FurlongIllinois Supreme Court · 1871
- Hollmann v. ConlonSupreme Court of Missouri · 1898
- Brink v. SteadmanIllinois Supreme Court · 1873
3Cited by9 opinions
- Tebeau v. RidgeSupreme Court of Missouri · 1914
- Donovan v. BoeckSupreme Court of Missouri · 1909
- Parkhurst v. Lebanon Publishing Co.Supreme Court of Missouri · 1947
- Lipscomb v. AdamsSupreme Court of Missouri · 1906
- Larson v. SmithSupreme Court of Iowa · 1916
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