Brier v. State Exchange Bank of Macon
Supreme Court of Missouri
Appeal from Macon Circuit .Court. — Ho». Nat. M. Shelton, Judge. (1) A party may restrain a continuous breach which is beneficial to him, and stand on the very letter of his obligation, for a party' cannot make a solemn obligation and then disregard it on the plea that no harm will result to the other party. Bank v. Kennett Estate, 101 Mo.
Read the full summary
Appeal from Macon Circuit .Court. — Ho». Nat. M. Shelton, Judge. (1) A party may restrain a continuous breach which is beneficial to him, and stand on the very letter of his obligation, for a party' cannot make a solemn obligation and then disregard it on the plea that no harm will result to the other party. Bank v. Kennett Estate, 101 Mo. App. 370. The continuance of a breach of the rights respecting an easement, combined with, permanent and irreparable injury may be removed. Ibid. A party may stand on the very letter of his obligation and demand strict enforcement of the same, and it is no…
1Opinion of the CourtBurgess, J.
Plaintiff sues for the restitution to her of certain premises and an easement, claimed to be wrongfully and unlawfully withheld from her by the defendant, and for damages in the sum of one thousand dollars, and rents and profits.
The petition states, in substance, that prior to January 1,1897, and on and subsequent to the 11th day of May, 1877, Prank Weiden was the owner in fee of the east twenty feet of lot six, block sixty-four, in the *676city of Macon, Macon connty, Missouri, and that Sophia Baum was the owner in fee of the west twenty-six feet of said lot; that on the said property of Frank…
2Cases cited7 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Benton Land Co. v. ZeitlerSupreme Court of Missouri · 1904
- McGurry v. WallSupreme Court of Missouri · 1894
- Price v. Morning Star Mining Co.Missouri Court of Appeals · 1900
- Carlin v. WolffSupreme Court of Missouri · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gilbert v. K.T.I., Inc.Missouri Court of Appeals · 1988
- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
- Waterbury Trust Co. v. G. L. D. Realty Co.Supreme Court of Connecticut · 1936
- Kansas City Power & Light Company v. RissMissouri Court of Appeals · 1958
- Ott v. Stone.Missouri Court of Appeals · 1927
1 more not listed; retrieve them via the Exa API.