Davis v. Hendricks
Supreme Court of Missouri
Error to Marion Circuit Court.- — Hon. Theodore Brace, Judge. (1) The principles applicable to this case are not longer open to contention in this state. STiarlcey t¡. McDermott, 91 Mo. 647; Sutton v. Hayden, 62 Mo. 101; Gupton v. Gupton, 47 Mo. 37. (2) It is understood that the objection to the enforceability of the contract in equity has been, that during the life of Mr. McCormick it wanted mutuality of remedy as against Dr. Campbell and plaintiff.
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Error to Marion Circuit Court.- — Hon. Theodore Brace, Judge. (1) The principles applicable to this case are not longer open to contention in this state. STiarlcey t¡. McDermott, 91 Mo. 647; Sutton v. Hayden, 62 Mo. 101; Gupton v. Gupton, 47 Mo. 37. (2) It is understood that the objection to the enforceability of the contract in equity has been, that during the life of Mr. McCormick it wanted mutuality of remedy as against Dr. Campbell and plaintiff. To this objection the all-sufficient answer is, that it was fully performed on their part, and therefore the question as to whether its…
1Opinion of the CourtBdaok, J.
This was a suit in equity brought by Mary E. Davis and her husband for the specific performance of a contract alleged to have been made by her father for her benefit with John McCormick. The defendants are the widow, the administrator and the devisees of said John McCormick.
Dr. Campbell, the father of the female plaintiff, and John McCormick, with their families, resided in the town of Ashley, Pike county. Dr. Campbell’s wife died on the twentieth, of August, 1862, leaving a child named Anna, then about three months old; he had a family of thirteen children and was without property. Mr.…
2Cases cited2 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Sutton v. HaydenSupreme Court of Missouri · 1876
3Cited by16 opinions
- Healey v. SimpsonSupreme Court of Missouri · 1892
- Clarkson v. HattonSupreme Court of Missouri · 1898
- Kinney v. MurraySupreme Court of Missouri · 1902
- Asbury v. HicklinSupreme Court of Missouri · 1904
- Moran v. StewartSupreme Court of Missouri · 1894
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