Russell v. Sharp
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. Samuel Davis, Special Judge. (1) The bill is not such as addresses itself to “the forum of conscience. ’ ’ Newham v. Kenton, 79 Mo. 384; Southworth v. Hopkins, 11 Mo. 338; Brevator v. Creech, 186 Mo. 570. “In order to the exercise of such jurisdiction, it must appear that the contract to be performed is certain, and fair in all its parts, is for an adequate consideration, and capable of being performed.”
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Appeal from Nodaway Circuit Court. — Hon. Samuel Davis, Special Judge. (1) The bill is not such as addresses itself to “the forum of conscience. ’ ’ Newham v. Kenton, 79 Mo. 384; Southworth v. Hopkins, 11 Mo. 338; Brevator v. Creech, 186 Mo. 570. “In order to the exercise of such jurisdiction, it must appear that the contract to be performed is certain, and fair in all its parts, is for an adequate consideration, and capable of being performed.” Poster v. Kimmons, 54 Mo. 493. The bill is indefinite, more of a dragnet than a conscientious statement of a case in equity. Newham v. Kenton, supra;…
1Opinion of the CourtValliant, J.
This is a suit iu equity for the specific performance of a contract alleged to have been made in 1868 between one H. Monroe Sharp, who has since died intestate, on the one part, and the plaintiffs, who are husband and wife, on the other. The contract, as the petition alleges, was that plaintiffs, who were then residing in Clinton county, were to move to Nodaway county and there reside on a farm owned by IT. Monroe Sharp, help improve it and remain there, aiding him as long as he should live and at his death they were to have all of his property.
After all the evidence in the case was in and…
2Cases cited12 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Lynn v. HookadaySupreme Court of Missouri · 1901
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Healey v. SimpsonSupreme Court of Missouri · 1892
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3Cited by22 opinions
- Selle v. SelleSupreme Court of Missouri · 1935
- Kirk v. MiddlebrookSupreme Court of Missouri · 1907
- Little v. MetteeSupreme Court of Missouri · 1936
- Watkins v. WatkinsSupreme Court of Missouri · 1965
- St. Bethel Missionary Baptist Church, Inc. v. St. Louis Builders, Inc.Supreme Court of Missouri · 1965
17 more not listed; retrieve them via the Exa API.