Gottfried v. Bray
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Row. Jas. T. Ne-ville, Judge. (1) The right to have specific performance of a contract decreed is not a matter of right in either party, but a matter of discretion with the court. 2 Story, Eq., sec. 742; Pomeroy v. Fullerton, 131 Mo. 581; Yeth v. Giertli, 92 Mo. 104. A court will not decree specific performance of contract unless the contract is clearly established.
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Appeal from Greene Circuit Court. — Row. Jas. T. Ne-ville, Judge. (1) The right to have specific performance of a contract decreed is not a matter of right in either party, but a matter of discretion with the court. 2 Story, Eq., sec. 742; Pomeroy v. Fullerton, 131 Mo. 581; Yeth v. Giertli, 92 Mo. 104. A court will not decree specific performance of contract unless the contract is clearly established. Yeth v. Gierth, 92 Mo. 97; Paris v. Haley, 61 Mo. 453; Taylor v. "Williams, 45 Mo. 80. It is a well-established rule that in suits for specific performance of contracts, even when written, the…
1Opinion of the CourtGantt, J.
The plaintiff, William H. Gottfried, brought his suit in the Greene County Circuit Court against the defendant, Martha Bray, alleging^ that on the 29th day of June, 1903, defendant agreed in writing to sell to him certain real estate situated in the city of Springfield, which alleged agreement is as follows: “50.00. Received from William H. Gottfried the sum of fifty dollars, the same being part of purchase price of the east fifty feet of the lot or tract of land now and for many years past owned and occupied by me as a residence and situated on East Walnut street, on the north side of the…
2Cases cited1 opinion
- Seymour v. DelanceyNew York Court of Chancery · 1822
3Cited by9 opinions
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- Lastofka v. LastofkaSupreme Court of Missouri · 1936
- Miller v. CoffeenSupreme Court of Missouri · 1955
- Eisenbeis v. ShillingtonSupreme Court of Missouri · 1941
- Noell v. RemmertSupreme Court of Missouri · 1930
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