South St. Joseph Land Co. v. Bretz
Supreme Court of Missouri
Error to Buchanan Circuit Court. — Hon. O. M. Spenceb, Judge. (1) The vendor of real estate has the same right in equity to enforce specific performance as the vendee. Paris v. Haley, 61 Mo. 453; Rogers v. Wolf, 104 Mo. 1; Pomeroy on Specific Performance, page 6, see. 6, and authorities cited.
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Error to Buchanan Circuit Court. — Hon. O. M. Spenceb, Judge. (1) The vendor of real estate has the same right in equity to enforce specific performance as the vendee. Paris v. Haley, 61 Mo. 453; Rogers v. Wolf, 104 Mo. 1; Pomeroy on Specific Performance, page 6, see. 6, and authorities cited. (2) There being no fraud, accident or mistake in the transaction, the plaintiff is entitled -to specific performance when he has performed or offered to perform the contract on his part. 3 Pom. on Equity Jur. [1 Ed.], sec. 1407, p. 452, and eases cited. Land Co. v. Pitt, 114 Mo. 135, was a suit of like…
1Opinion of the CourtBrace, J.
This is an action in equity to enforce the specific performance of a contract similar to the one set out in the case of the same plaintiff against Pitt, 114 Mo. 135. There is no bill of exceptions in the record, nor does it show that a motion for a new trial or in arrest of judgment was made in the court below, *420although, plaintiff’s abstract states that such motions were filed and sets out motions of that character at length. Such being the case, there is nothing before us for review except the record proper, from which it appears that, by agreement of parties, the court made the following…
2Cases cited5 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Blount v. SprattSupreme Court of Missouri · 1892
- Lilly v. MenkeSupreme Court of Missouri · 1894
- State ex rel. Pemiscot County v. ScottSupreme Court of Missouri · 1890
- South St. Joseph Land Co. v. PittSupreme Court of Missouri · 1893
3Cited by21 opinions
- Bower v. DanielSupreme Court of Missouri · 1906
- Patterson v. PattersonSupreme Court of Missouri · 1906
- Guinan v. DonnellSupreme Court of Missouri · 1907
- Newton v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Hughes v. EwingSupreme Court of Missouri · 1901
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