Dawkins v. Griffin
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Eon. Jno. P. Butler, Judge. The burden of establishing by clear and satisfactory evidence a contract which it is sought to have specifically enforced, rests upon the person who sets it up, and unless he meets such requirement, a court of equity will not decree specific performance.
Read the full summary
Appeal from Chariton Circuit Court. — Eon. Jno. P. Butler, Judge. The burden of establishing by clear and satisfactory evidence a contract which it is sought to have specifically enforced, rests upon the person who sets it up, and unless he meets such requirement, a court of equity will not decree specific performance. Nor will such contract be enforced where it is merely executory, and without consideration to support it! Taylor v. YonSchraeder, 107 Mo. 206; Strange v. Crowley, 91 Mo.: 287; Taylor v. Williams, 45 Mo. 80; Veth v. Grierth, 92 Mo. 97; Hubbard v. Hubbard, 140 Mo. 303; Rogers v.…
1Opinion of the CourtBrace, P. J.
— This is an action in ejectment to recover possession of a small tract of land in Chariton county, described in the petition by metes and bounds, and containing ninety-seven one-hundredths of an acre.
The petition is in common form. The answer a general denial, and a plea as follows:
“And for a further answer to plaintiff’s petition defendant says: That in the early part of the year 1898 he was living with his family on a small farm of forty acres of land lying in the neighborhood of the land in controversy and near where plaintiff then lived and now lives, which said forty-acre farm was…
2Cases cited3 opinions
- Fenwick v. GillSupreme Court of Missouri · 1866
- Tice v. FlemingSupreme Court of Missouri · 1903
- Goodin v. GoodinSupreme Court of Missouri · 1903
3Cited by3 opinions
- Warren v. National Surety Co.Washington Supreme Court · 1928
- Montgomery v. GahaganSupreme Court of Missouri · 1912
- Swasey v. FarrWashington Supreme Court · 1930