Meek v. Hurst
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Sow. J. W. Alexander, Judge. (1) "When a description of the land in a contract for the conveyance of real estate is hy mistake indefinite and uncertain, the contract may, in the samé suit, be reformed and then specifically enforced as reformed. Hook v. Craighead, 32 Mo. 405; Waterman v. Dalton, 3 Wis. 273; Pomeroy on Spec. Per. (2 Ed.), sec. 262; G-los v. Wilson, 198 111. 44; 20 Ency. PL and Pr., 396; Story’s Eq.
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Appeal from Livingston Circuit Court. — Sow. J. W. Alexander, Judge. (1) "When a description of the land in a contract for the conveyance of real estate is hy mistake indefinite and uncertain, the contract may, in the samé suit, be reformed and then specifically enforced as reformed. Hook v. Craighead, 32 Mo. 405; Waterman v. Dalton, 3 Wis. 273; Pomeroy on Spec. Per. (2 Ed.), sec. 262; G-los v. Wilson, 198 111. 44; 20 Ency. PL and Pr., 396; Story’s Eq. Jur., chap. 5; 20 Am. and Eng. Ency. Law (2 Ed.), 825. The Statute of Frauds does not interfere with the power of courts of equity to reform…
1Opinion of the CourtLamm, P. J.
Plaintiff claims to have purchased defendant’s land in Livingston county by written contract; and sues for reformation and specific performance.
Cast nisi on a general demurrer to his first amended bill, he refused to plead over, suffered judgment and appealed.
The reformation sought relates to the contract description of the real estate, which is: “S. W. %, Sec. 14, and 6% acres out of S. E. %, Sec. 14. All in Twp. 59, R. 24, containing in all 165% acres.” Referring to the ‘ ‘ 6% acres, ’ ’ plaintiff’s bill charges said contract description is not the true one but related to an agreement to…
2Cases cited3 opinions
- Grumley v. WebbSupreme Court of Missouri · 1869
- Williamson v. BrownSupreme Court of Missouri · 1906
- Benn v. PritchettSupreme Court of Missouri · 1901
3Cited by26 opinions
- Puget Mill Co. v. DuecyWashington Supreme Court · 1939
- Groh v. SheltonMissouri Court of Appeals · 1968
- Wilhite v. WilhiteSupreme Court of Missouri · 1920
- Cudd v. WoodSupreme Court of Alabama · 1921
- Parker v. FaustOregon Supreme Court · 1960
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