Luckett v. Williamson
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. Henry F. Luckett, plaintiff in this suit, sold to tlie defendant Williamson a tract of land for $7,500, of which $2,500 was paid in cash and the remainder in two equal annual instalments.
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Appeal from St. Charles Circuit Court. Henry F. Luckett, plaintiff in this suit, sold to tlie defendant Williamson a tract of land for $7,500, of which $2,500 was paid in cash and the remainder in two equal annual instalments. The only writing executed at the time of the making of the agreement was the following: “ Received of A. C. Williamson, the sum of five hundred dollars, being in part pay of my farm, which I have this day sold him, for the sum of seven thousand five hundred dollars; and I agree and bind myself to give him possession of the house and premises on the first day of October,…
1Opinion of the CourtScott, Judge
The idea of the court below was that a tender of a deed with warranty was sufficient to entitle the plaintiff to a specific performance, without showing that he had any title to the land he had agreed to convey. This notion is not warranted, and the plaintiff, in his petition, does not show that he is entitled to a specific performance of the contract set out. He can not have his contract specifically enforced, without showing that he has a good title to the land he has bargained to sell. He conceives that, because the defendant went into the possession of the premises and has not been…
2Cited by9 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Harvey v. MorrisSupreme Court of Missouri · 1876
- Hart v. HandlinSupreme Court of Missouri · 1869
- Barton v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1873
- Luckett v. WilliamsonSupreme Court of Missouri · 1866
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