Scott v. Davis
Supreme Court of Missouri
Appeal from St: Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) John T. Davis, during Ms lifetime, having offered to make specific performance of the contract mentioned in plaintiffs amended petition, and plaintiff having thereupon waived Ms action for the $5,000 and joined in the prayer for such specific performance, and the offer and the joinder being a matter of record in the court, they constituted an “agreed case,” “a solemn judicial admission” for…
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Appeal from St: Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) John T. Davis, during Ms lifetime, having offered to make specific performance of the contract mentioned in plaintiffs amended petition, and plaintiff having thereupon waived Ms action for the $5,000 and joined in the prayer for such specific performance, and the offer and the joinder being a matter of record in the court, they constituted an “agreed case,” “a solemn judicial admission” for submission of the cause to the court on that issue alone, and that was the only issue remaining before the court for its action…
1Opinion of the CourtRobinson, J.
— This action was instituted in the St. Louis Circuit Court against John T. Davis in his lifetime for a straight out money demand of $5,000 which the amended petition alleges had been advanced by plaintiff to Davis as a deposit on a contract of purchase of real estate. The title to the land proving defective, defendant Davis was unable to perform, and therefore the plaintiff was entitled to have the said sum returned to him, averring performance on his part. There was a second cause of action in the petition for the same amount of money but based on the failure of Davis to deliver the deed…
2Cases cited7 opinions
- Hill v. ProctorWest Virginia Supreme Court · 1877
- Green v. ColeSupreme Court of Missouri · 1890
- Davis v. SmithSupreme Court of Missouri · 1881
- Taylor v. Von SchraederSupreme Court of Missouri · 1891
- Potter v. . ElliceNew York Court of Appeals · 1872
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3Cited by10 opinions
- Bowen v. LansingMichigan Supreme Court · 1901
- State Ex Rel. Johnson v. BlairSupreme Court of Missouri · 1943
- Corydon Milling Co. v. Noblesville Milling Co.Indiana Court of Appeals · 1919
- Perkins v. Independent School DistrictMissouri Court of Appeals · 1903
- Canton Cotton Mills v. Southwest Overall Co.Court of Appeals for the Eighth Circuit · 1925
5 more not listed; retrieve them via the Exa API.