Corbin v. Hume-Sinclair Coal Mining Co.

[ 81] In the circuit court of Bates County, Missouri, the appellant filed his petition, which was in two'counts. The first count sought. specific performance of a written contract between appellant and respondent for the resale of certain lands described in the contract or, if this was denied, for a declaratory judgment defining the rights of each party under this contract; count two sought recovery of certain taxes paid by appellant through error upon this land which should have been paid by respondent. The trial court sustained respondent’s- [82] motion to dismiss that part of count one for…