McCullough v. Newton

EAGER, Judge.

This suit involves title to approximately 120 acres of land in Stone County, adjoining the Table Rock Reservoir. Plaintiff filed suit for rescission of her contract of sale, claiming a breach, and for damages; defendant’s answer was amended so as to pray specific performance. The answer was treated by the court and the parties as a counterclaim (and see § 509.090 RSMo 1959 and V.A.M.S. * ), 1 plaintiff’s claims were denied in toto, and specific performance was decreed. Plaintiff has appealed.

On November 20, 1958, plaintiff Nettie McCullough as seller and Pauline B. Newton as…