McLain v. Parker
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It is utterly impossible to undo what has been done. The defendant cannot be placed in statu quo. He only bought an undivided half interest. What power has any court to compel him to buy the other half interest ? ‘ ‘ The court clearly has no power to compel the defendant to purchase the plaintiff’s stock in the corporation.”
Read the full summary
Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It is utterly impossible to undo what has been done. The defendant cannot be placed in statu quo. He only bought an undivided half interest. What power has any court to compel him to buy the other half interest ? ‘ ‘ The court clearly has no power to compel the defendant to purchase the plaintiff’s stock in the corporation.” Constant v. Lehman, 52 Kan. 227; Norton v. Bohart, 105 Mo. 631; 24 Am. and Eng. Ency. Law, 622; King v. Wise, 43 Cal'. 628;…
1Opinion of the CourtGraves, J.
— The record in this case covers about one thousand pages, and were it printed as records usually are, would cover about four times that space. Since the trial of the cause nisi, Carey McLain, the plaintiff, has departed this life, and is now here represented by an executrix, but for convenience we shall still speak of him as plaintiff, as was done nisi. The connection is better that way. The plaintiff and defendant were acquaintances of long standing — the one for years a farmer and stock raiser of Kansas, who by dint of hard work and good management had acquired much of this world’s funds —…
2Cases cited2 opinions
- Kendrick v. RyusSupreme Court of Missouri · 1910
- Montgomery v. HundleySupreme Court of Missouri · 1907
3Cited by5 opinions
- Selle v. WrigleyMissouri Court of Appeals · 1938
- Thompson v. LyonsSupreme Court of Missouri · 1920
- Voorhees v. CragunIndiana Court of Appeals · 1916
- Brown v. Irving-Pitt Manufacturing Co.Supreme Court of Missouri · 1927
- Haley v. Davidson and CampbellMissouri Court of Appeals · 1920