Dexter v. MacDonald
Supreme Court of Missouri
'Appeal from St. Louis City Circuit Court.—Rom.. D. D. Fisher, Judge. (1) There was no consideration for MacDonald’s promise to Dexter. A bill in equity does not lie to enforce the performance of a voluntary promise of a gift. Brevator v. Creech, 186 Mo. 558. The option from Latinette to Allen had expired prior to the purchase by MacDonald and MacDonald purchased directly from Latinette with his own money, taking title in his own name, as he had a right to do.
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'Appeal from St. Louis City Circuit Court.—Rom.. D. D. Fisher, Judge. (1) There was no consideration for MacDonald’s promise to Dexter. A bill in equity does not lie to enforce the performance of a voluntary promise of a gift. Brevator v. Creech, 186 Mo. 558. The option from Latinette to Allen had expired prior to the purchase by MacDonald and MacDonald purchased directly from Latinette with his own money, taking title in his own name, as he had a right to do. An expired option can supply no part of a consideration. Plumb v. Cooper, 121 Mo. 675. (2) • The language employed in tbe writing…
1Opinion of the CourtFox, J.
This cause is brought here by appeal from a decree and judgment of the St. Louis City Circuit Court. It is unnecessary to reproduce the pleadings upon which this judgment rests; it will suffice to say that this a proceeding in equity to compel the heirs of Robert S. MacDonald, deceased, to convey to plaintiff an undivided one-half interest in 172 lots of *379vacant ground in “MacDonald’s East Clairmont Addition,” in.St. Clair county, Illinois, and which, addition is a suburb of the city of East St. Louis; and this relief is prayed on the ground that said MacDonald, in his lifetime, held title to…
2Cases cited11 opinions
- Seymour v. FreerSupreme Court of the United States · 1869
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Campau v. Van DykeMichigan Supreme Court · 1867
- Shaeffer v. BlairSupreme Court of the United States · 1893
- Woodford v. StephensSupreme Court of Missouri · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stevens v. MyersOregon Supreme Court · 1918
- Purvis v. HardinSupreme Court of Missouri · 1938
- Kansas City Power & Light Company v. RissMissouri Court of Appeals · 1958
- MacDonald v. DexterIllinois Supreme Court · 1908
- Locke v. BowmanMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.