Wildbahn v. Robidoux
Supreme Court of Missouri
APPEAL from Buchanan Circuit Court. 1. The defendant’s plea is overruled because his answer precedes it. Mitford’s PI. 364; note' 1. 2. If the answer of defendant is made in support of the pJea, the court will intend the matters charged in the bill against the defendant, unless they are fully and clearly denied in the answer.
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APPEAL from Buchanan Circuit Court. 1. The defendant’s plea is overruled because his answer precedes it. Mitford’s PI. 364; note' 1. 2. If the answer of defendant is made in support of the pJea, the court will intend the matters charged in the bill against the defendant, unless they are fully and clearly denied in the answer. Mitford, 362; note 1. 3. As the defendant admits the contract as stated, and offers to perform it without insisting on the statute of frauds as a defence, he will be compelled to convey the lots subscribed, and the one selected and mentioned in the bill, as one of them.…
1Opinion of the CourtScott, J.
This was a bill in chancery for a specific performance of a contract to convey a lot of ground. The bill in substance alledges, that the inhabitants of the town of St. Joseph being anxious to prevent a creek which flowed through their village from injuring their lots by its inundations, subscribed a paper by which they agreed to pay to the complainant, S. Wildbahn, the several sums opposite their names, for the purpose of putting two hundred feet of a trunk or race in said creek. The defendant, Robidoux, who was the chief proprietor of the town, to this paper made the following subscription:-…
2Cases cited1 opinion
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
3Cited by10 opinions
- Jones v. JonesSupreme Court of Missouri · 1933
- Phillips v. HardenburgSupreme Court of Missouri · 1904
- Hillman v. AllenSupreme Court of Missouri · 1898
- Schmidt v. RozierMissouri Court of Appeals · 1906
- I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
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