Meramec Portland Cement & Material Co v. Kreis
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Son. John W. McElhinney, Judge. (1) The memorandum in this case is sufficient. Sec. 2783, R. S. 1909; 20 Cyc.- 253; Springer v. Kleinsorge, 83 Mo. 157. (2) Memorandum of a contract of sale and conveyance of land, although signed only by the party to be charged when sufficiently clear and certain in its terms, affords a competent basis for a. suit for specific performance. Mastin v. Grimes, 88 Mo. 478; Moore v. Thompson, 93 Mo.
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Appeal from St. Louis County Circuit Court. — Son. John W. McElhinney, Judge. (1) The memorandum in this case is sufficient. Sec. 2783, R. S. 1909; 20 Cyc.- 253; Springer v. Kleinsorge, 83 Mo. 157. (2) Memorandum of a contract of sale and conveyance of land, although signed only by the party to be charged when sufficiently clear and certain in its terms, affords a competent basis for a. suit for specific performance. Mastin v. Grimes, 88 Mo. 478; Moore v. Thompson, 93 Mo. App. 348; Cable v. Jones, 179 Mo. 606; Real Estate Co. v. Spelbrink, 211 Mo. 671. • (3) While parol evidence is not…
1Opinion of the Court
WILLIAMS, C.
Specific Performance: Parol Evidence.
Plaintiff corporation, by action for specific performance, seeks to compel defendant to convey to it a tract of land situated in St. Louis county, Missouri, described as follows:
“Part of the southwest quarter of section 15 and of the northwest quarter of section 22 in township 44 north of range 4 east, containing 39 acres more or less, and being particularly bounded and de*163scribed as follows, to-wit: Commencing at the point where the south boundary line of the present right of way of the Missouri Pacific Railroad intersects the east boundary…
2Cases cited2 opinions
- Reigart v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Fox v. CourtneySupreme Court of Missouri · 1892
3Cited by8 opinions
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- MacY v. DayMissouri Court of Appeals · 1961
- Gossett v. SwinneyCourt of Appeals for the Eighth Circuit · 1931
- Byers v. ZuspanMissouri Court of Appeals · 1954
- Shy v. LewisSupreme Court of Missouri · 1928
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