Schulter's Administrator v. Bockwinkle's Administrator
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was a proceeding to enforce the specific performance of an agreement alleged to have been made by the defendant’s intestate to convey to the plaintiff’s intestate the unexpired term of a lease for ninety-nine years, of a lot in the Carondelet common. Accompanying the petition was a translation of the agreement purporting to have been made between the parties, but not signed by either of them.
Read the full summary
Error to St. Louis Circuit Court. This was a proceeding to enforce the specific performance of an agreement alleged to have been made by the defendant’s intestate to convey to the plaintiff’s intestate the unexpired term of a lease for ninety-nine years, of a lot in the Carondelet common. Accompanying the petition was a translation of the agreement purporting to have been made between the parties, but not signed by either of them. The petition stated that the plaintiff’s intestate took possession of the land, in his life-time, under the agreement, and that the purchase money was all paid. The…
1Opinion of the CourtGamble, Judge
In this case, the plaintiff, conceiving that the answer of the defendant admitted the material facts stated in the petition, and that he was entitled to a decree, moved for such decree, but the court overruled the motion. The plaintiff then came voluntarily and suffered a nonsuit, and having moved to set it aside, brings his case here by writ of error.
1. This court has entertained jurisdiction in cases where the Circuit Courts have, upon the trial of causes, decided questions which covered the plaintiff’s case and obliged him to submit to a nonsuit. But when parties voluntarily suffer…
2Cited by12 opinions
- First Baptist Church v. RobbersonSupreme Court of Missouri · 1879
- Francisco v. Chicago & A. R.Court of Appeals for the Eighth Circuit · 1906
- Kirby v. BrunsSupreme Court of Missouri · 1870
- Sone v. PalmerSupreme Court of Missouri · 1859
- Chiles v. WallaceSupreme Court of Missouri · 1884
7 more not listed; retrieve them via the Exa API.